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Zamora v. Montiel

Court of Appeals of Illinois, Second District

August 19, 2013

JUAN ZAMORA, Plaintiff-Appellant,
v.
RICARDO MONTIEL, NEWSBOY DELIVERY SYSTEMS, INC., and UNIQUE DISTRIBUTION SERVICES, INC., Defendants-Appellees. (Cherie Payne and Paul Payne, Defendants).

Appeal from the Circuit Court of Du Page County. No. 09-L-987 Honorable Dorothy French Mallen, Judge, Presiding.

Justices Hutchinson and Schostok concurred in the judgment and opinion

OPINION

HUDSON, JUSTICE.

¶ 1 I. INTRODUCTION

¶ 2 Defendants, Ricardo Montiel, Newsboy Delivery Systems, Inc., and Unique Distribution Services, Inc., move to dismiss this appeal, which was filed by plaintiff, Juan Zamora. Defendants contend that we lack jurisdiction. For the reasons that follow, we agree with defendants, and accordingly, we grant their motion and dismiss this appeal.

¶ 3 On August 31, 2009, plaintiff filed a complaint sounding in negligence against defendants and also against Cherie and Paul Payne (the Payne defendants). The following procedural history of the case is relevant to determining whether we have jurisdiction over this appeal:

(1) March 24, 2010: the trial court dismissed plaintiff's complaint as it pertained to defendants, finding that it was barred by the exclusivity provisions of the Illinois Workers' Compensation Act (820 ILCS 305/5(a) (West 2008)), and the court included an Illinois Supreme Court Rule 304(a) (eff. Jan. 1, 2006) finding in this order;
(2) April 23, 2010: plaintiff filed a motion to reconsider the dismissal;
(3) June 29, 2010: the trial court granted the Payne defendants leave to file a third-party complaint seeking contribution against defendants;
(4) July 7, 2010: the trial court denied plaintiff's motion to reconsider:
(5) August 25, 2010: the Payne defendants filed their third-party claim;
(6) July 11, 2012: the trial court dismissed the Payne defendants' contribution claim; also on this date, plaintiff requested that the trial court make a new Rule 304(a) finding with respect to the March 24, 2010, dismissal order and the trial court made such a finding;
(7) July 24, 2012: plaintiff filed a notice of appeal regarding the March 24, 2010, dismissal order and the subsequent denial of his motion to reconsider;
(8)December 12, 2012: this court dismissed plaintiff's initial appeal for lack of jurisdiction (Payne v. Zamora, ...

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