Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

08/21/96 CHEN YING YANG v. HENRY K. CHEN

August 21, 1996

CHEN YING YANG, PLAINTIFF-APPELLANT,
v.
HENRY K. CHEN, M.D., DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County. Honorable Joseph N. Casciato, Judge Presiding.

Released for Publication October 4, 1996.

Presiding Justice Tully delivered the opinion of the court. Greiman and Cerda, JJ., concur.

The opinion of the court was delivered by: Tully

PRESIDING JUSTICE TULLY delivered the opinion of the court:

Plaintiff, Chen Ying Yang, brought this medical malpractice action pro se in the circuit court of Cook County against defendant, Henry K. Chen, M. D. Defendant filed a motion to dismiss the action pursuant to 735 ILCS 5/2-619 (West 1996), which the circuit court granted on May 21, 1993. Subsequently, plaintiff filed a pro se motion to reconsider the May 21st dismissal order on June 18, 1993. On June 25, 1993, the trial court struck the post-judgment motion and granted plaintiff a 21-day extension to amend it, whereby an amended motion to reconsider was filed on July 16, 1993. At the November 18, 1993 hearing, the trial court struck the amended motion to reconsider, reasoning that it did not retain jurisdiction of the matter. It is from this judgment that plaintiff now appeals pursuant to Supreme Court Rule 301 (155 Ill. 2d R. 301).

For the reasons which follow, we reverse and remand with directions.

At issue on appeal is whether we have jurisdiction to hear this appeal, since the trial court granted plaintiff a 21-day extension after 30 days of the May 21st dismissal order.

We now address the question of whether this court has jurisdiction to hear this appeal. We begin by citing the authority pertinent to this case.

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)(1) provides, in pertinent part, as follows:

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


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.