Court of Appeals of Illinois, First District, Fifth Division
from the Circuit Court of Cook County. No. 2010-L-4355 The
Honorable James P. Flannery, Jr., Judge, presiding.
PRESIDING JUSTICE GORDON delivered the judgment of the court,
with opinion. Justice Reyes concurred in the judgment and
opinion. Justice Lampkin specially concurred, with opinion.
1 On January 14, 2013, the trial court dismissed defendant
Biomat USA, Inc., with prejudice from the underlying case.
Two and a half years later, on September 22, 2015, plaintiff
Larry Oruta filed a motion with the trial court seeking to
file a "service of summons *** against Biomat USA
previously returned." On September 29, 2015, the trial
court denied plaintiff's motion, stating that:
"Biomat USA, Inc. was dismissed with prejudice by Court
order on January 14, 2013."
2 On September 29, 2015, the same day that the trial court
denied plaintiff's motion, plaintiff filed a notice of
appeal. On May 20, 2016, plaintiff filed an
3 For the following reasons, this instant appeal is dismissed
for lack of jurisdiction.
4 First, plaintiff's notices of appeal and his brief to
this court all state that "final judgment" was
granted on January 23, 2012. To the extent that these
statements are true, this court lacks jurisdiction. A notice
of appeal with respect to this final judgment had to be filed
within 30 days after it was entered-not years later. Supreme
Court Rule 303 provides for the 30-day requirement, and the
rule states in relevant part: "The 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
***." Ill. S.Ct. R. 303(a) (eff. Jan. 1, 2015).
5 When an appellant fails to file a timely notice of appeal,
this court lacks jurisdiction to hear the appeal. Supreme
Court Rule 301 states, in relevant part: "The appeal is
initiated by filing a notice of appeal. No other step is
jurisdictional." Ill. S.Ct. R. 301 (eff. Feb.1, 1994).
Thus the timely filing of the notice of appeal is the only
jurisdictional step required to perfect the appeal.
People v. Lewis, 234 Ill.2d 32, 37 (2009) ("The
timely filing of a notice of appeal is the only
jurisdictional step required to initiate appellate
review.") Without it, this court lacks jurisdiction and
the appeal must be dismissed. Lewis, 234 Ill.2d at
37 ("A reviewing court lacks jurisdiction and is obliged
to dismiss an appeal if there is no properly filed notice of
6 Second, to the extent that defendant seeks to appeal the
January 14, 2013, dismissal order, we also lack jurisdiction.
The trial court's dismissal order, dated January 14,
2013, stated in full:
"This matter coming before the Court on Biomat USA
Inc.'s 735 ILCS 5/2-619 Motion to Dismiss and Quash
Service ("Motion"), all parties having notice,
Plaintiff Larry Oruta having failed to appear and the Court
being duly advised, IT IS HEREBY ORDERED:
(1)Biomat USA, Inc.'s Motion is granted; and
(2)This matter is dismissed with prejudice as to Biomat USA,
The "Jurisdiction Statement" in plaintiff's
brief does not suggest a basis for appellate jurisdiction
over the January 14, 2013, order or any other order. It
states: "This appeal was filed to reinstate citation
proceedings against Hartford Ins. c\o Sedgwick CMS who were
served but filed [sic] to appear on 9-29-15 but
trial court wrongfully denied motion in open court on grounds
of jurisdiction citing ex-parte proceedings yet, the new
judge *** had jurisdiction to rule upon reinstatement of
citations." Plaintiff does not cite a statutory section
or rule which provides appellate jurisdiction for
"reinstatement of citations."
7 Third, the trial court's September 29, 2015, order,
which merely observed that this defendant was dismissed years
ago, was not an appealable order. Both of plaintiff's
notices of appeal state that it is the court's September