Appeal from the Circuit Court Plaintiff-Appellant and of Cook County No. 04 CH 08266 Dorothy Kirie Kinnaird, Judge Presiding.
The opinion of the court was delivered by: Justice Harris
Summary Order filed July 19, 2011
Modified Opinion upon denial of rehearing August 30, 2011
JUSTICE HARRIS delivered the judgment of the court with opinion. Presiding Justice Cunningham and Justice Connors concurred in the judgment and opinion.
¶ 1 Pursuant to the supreme court's supervisory order issued May 25, 2011, this court vacates its order in Crane v. Admiral Insurance Co., No. 1-09-3240 ( 2011) (unpublished summary order under Supreme Court Rule 23) and issues this opinion. Crane v. Admiral Insurance Co., No. 111972 (May 25, 2011) (supervisory order).
¶ 2 This matter comes before the court on certain defendants-appellees' (Allianz defendants)*fn1 motion to dismiss plaintiff-appellant John Crane, Inc.'s (John Crane) appeal. The Allianz defendants argue that the appeal should be dismissed because due to this court's dismissal of John Crane's prior appeal, we lack jurisdiction to hear this appeal. John Crane contends that the prior appeal was not effective when this court dismissed it, which necessitated the filing of the second appeal after the trial court ruled on postjudgment motions. We find that this court lacks jurisdiction over this appeal and therefore we dismiss the appeal.
¶ 4 On March 10, 2009, the trial court issued a final order against John Crane on its first amended complaint for declaratory relief, case number 04 CH 8266, captioned John Crane, Inc. v. Admiral Insurance Co. et al. On March 12, 2009, John Crane filed a timely appeal (No. 1-09-0641) from the order. The appeal sought review of the final judgment "entered in this cause on March 10, 2009," which incorporated by reference the trial court's prior orders, and requested that the judgment be reversed "with directions to grant the relief sought by [John Crane] in its First Amended Complaint." On April 8, 2009, Columbia Casualty Company, Continental Casualty Company, and The Continental Insurance Company (CNA defendants) filed a posttrial motion to vacate or modify the March 10, 2009, order. The CNA defendants also filed a motion for leave to amend counterclaim, which sought to add a fourth count for permanent injunction against John Crane. On June 10, 2009, John Crane filed a motion for extension of time to file the record on appeal, which this court denied on June 22, 2009. It then filed a motion to stay appeal on August 3, 2009, which this court denied on October 27, 2009.
¶ 5 On October 30, 2009, the trial court issued an order addressing, inter alia, the CNA defendants' posttrial motion and motion for leave to amend counterclaim. The court found no reason to vacate or modify its order of March 10, 2009, and denied the CNA defendants' posttrial motion. It believed the judgment "was a final order resolving all outstanding motions before the court." The court noted that "it is time for this case to come to end [sic]" and quoted Rule 304(a) (Ill. S. Ct. R. 304(a) (eff. Feb. 26, 2010)). The court, however, allowed the CNA defendants leave to amend their counterclaim after the final judgment.
¶ 6 On November 13, 2009, the trial court issued its final order. The order included the necessary Rule 304(a) language that "there is no just reason for delaying either enforcement or appeal" of the court's prior rulings. Ill. S. Ct. R. 304(a). The court specified the prior rulings as those "embodied in, among other things, the Court's Memorandum Opinions and Orders of April 12, 2006, June 21, 2006, August 30, 2006, November 20, 2006, October 16, 2007, December 20, 2007, March 10, 2009, and October 30, 2009." Furthermore, the court stated that the final judgment decree included the judgment entered "in favor of the CNA defendants and against John Crane on John Crane's first amended complaint for Declaratory Relief." The court again noted that the only unresolved issue was the CNA defendants' amended counterclaim against plaintiff-appellant which remained pending.
¶ 7 On November 25, 2009, this court on its own motion dismissed appeal No. 1-09-0641 for want of prosecution; specifically, John Crane "failed to file the Record on appeal within the time prescribed by Supreme Court Rule 326." John Crane did not seek a petition for rehearing or a petition for leave to appeal to the supreme court. Instead, on that same date it filed a new notice of appeal, which was designated No. 1-09-3240 (the present appeal). In this appeal, John Crane appealed the trial court's March 10, 2009, order and the earlier orders of April 12, 2006, June 21, 2006, August 30, 2006, November 20, 2006, October 16, 2007, December 20, 2007, and March 10, 2009. The appeal also requested reversal of the trial court's judgment entered against John Crane on its "First Amended complaint for Declaratory Relief and reversing all other judgments entered against John Crane, Inc., as summarized in the Court's Judgment entered on November 13, 2009." On January 21, 2010, this court notified the circuit court that it had filed the mandate associated with the dismissal of appeal No. 1-09-0641.
¶ 9 John Crane argues that this court has jurisdiction over its second appeal because its first appeal never became effective. We must first determine whether this court had jurisdiction over John Crane's first appeal when we dismissed it for want of prosecution. Illinois Supreme Court Rule 303(a)(1) (eff. May 30, 2008) states that a "notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from." However, when a party files a timely postjudgment motion, "a notice of appeal filed before the entry of the order disposing of the last pending postjudgment motion, or before the final disposition of any separate claim, becomes effective when the order disposing of said motion or claim is entered." Ill. S. Ct. R. 303(a)2 (eff. May 30, 2008). Rule 303(a)(2) further provides a party seeking to challenge the disposition of a postjudgment motion or separate claim, or the judgment amended by such motion, "must file a notice of appeal *** within 30 days of the entry of said ...