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05/29/96 EDDIE JACKSON AND LUCILLE CHANDLER v.

May 29, 1996

EDDIE JACKSON AND LUCILLE CHANDLER, PLAINTIFFS-APPELLANTS,
v.
DANIEL EDELMAN, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County. Honorable William Maddux, Judge Presiding.

The Honorable Justice Tully delivered the opinion of the court: Rizzi, P.j., and Cerda, J., concurring.

The opinion of the court was delivered by: Tully

The Honorable Justice TULLY delivered the opinion of the court:

Plaintiffs, Eddie Jackson and Lucille Chandler, appeal from an order of the circuit court of Cook County denying their motion to reconsider the trial court's denial of their earlier motion to vacate the dismissal of their complaint. Jurisdiction is vested in this court under section 6 of article VI of our 1970 Illinois Constitution (Ill. Const. 1970, art. VI, § 6) and Supreme Court Rule 301 (155 Ill. 2d R. 301).

Before we turn to the merits of this case we need first address a motion filed by defendant, Daniel Edelman, for lack of appellate jurisdiction which we took with the case.

Section 6 of Article VI of our 1970 Illinois Constitution provides as follows:

"§ 6. Appellate Court - Jurisdiction

Appeals from final judgments of a Circuit Court are a matter of right to the Appellate Court in the Judicial District in which the Circuit Court is located except in cases appealable directly to the Supreme Court and except that after a trial on the merits in a criminal case, there shall be no appeal from a judgment of acquittal. The Supreme Court may provide by rule for appeals to the Appellate Court from other than final judgments of Circuit Courts. The Appellate Court may exercise original jurisdiction when necessary to the complete determination of any case on review. The Appellate Court shall have such powers of direct review of administrative action as provided by law." (Ill. Const. 1970, art. VI, § 6.)

Supreme Court Rule 301 provides as follows:

"Rule 301. Method of Review

Every final judgment of a circuit court in a civil case is appealable as of right. The appeal is initiated by filing a notice of appeal. No other step is jurisdictional. An appeal is a continuation of the proceeding." (134 Ill. 2d R. 301.)

Supreme Court Rule 303(a) provides, in pertinent part, as follows:

"Rule 303. Appeals from Final Judgments of the Circuit ...


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