Director of Insurance for the State of Illinois v. A and A Midwest Rebuilders

383 Ill. App. 3d 721
CourtAppellate Court of Illinois
DecidedJune 23, 2008
Docket2-06-0765 Rel
StatusPublished
Cited by21 cases

This text of 383 Ill. App. 3d 721 (Director of Insurance for the State of Illinois v. A and A Midwest Rebuilders) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Director of Insurance for the State of Illinois v. A and A Midwest Rebuilders, 383 Ill. App. 3d 721 (Ill. Ct. App. 2008).

Opinion

JUSTICE GEOMETER

delivered the opinion of the court:

Defendant Working Solutions, Inc. (WSI), appeals an order of the circuit court of Du Page County that reduced a settlement agreement between it and plaintiff, Director of Insurance for the State of Illinois (in her capacity as liquidator of the Illinois Environmental Services Workers’ Compensation Trust), to a judgment. WSI contends that the trial court lacked jurisdiction to enter the order. We disagree, and we affirm.

On April 10, 2002, plaintiff initiated a lawsuit against a number of defendants, one of which was WSI. The suit alleged underpayment on assessments to the Illinois Environmental Services Workers’ Compensation Trust. The trust is a group self-insurance pool of which WSI was a member. On December 31, 2002, plaintiff and WSI reached a settlement agreement. Accordingly, plaintiff filed a motion to dismiss the suit against WSI with prejudice. The dismissal order reads as follows:

“Plaintiffs motion to dismiss the defendant Working Solutions is granted and said Defendant is dismissed with prejudice pursuant to the terms of its settlement agreement and the Court retains jurisdiction to enforce said agreement.”

The settlement required WSI to pay $210,264 in 42 monthly installments. No copy of the settlement agreement was made part of the record.

On February 3, 2005, plaintiff filed a motion seeking to reduce the settlement agreement to a judgment. Plaintiff alleged that WSI had ceased making the payments required pursuant to the settlement agreement. WSI responded that the trial court lacked jurisdiction to enter such an order. The trial court disagreed, found that it had jurisdiction, and entered judgment against WSI. This appeal followed.

The sole issue presented to us is whether the trial court had jurisdiction to enforce the settlement agreement between plaintiff and WSI. WSI argues that it did not. Whether a trial court has jurisdiction is a question of law subject to de novo review. Scheider v. Ackerman, 369 Ill. App. 3d 943, 945 (2006).

WSI begins its argument by noting that a dismissal with prejudice is a final order that cannot later be modified in any way. See American National Bank & Trust Co. v. Bentley Builders, Inc., 308 Ill. App. 3d 246, 254 (1999). While that is true, we do not believe that the distinction between a dismissal with prejudice and a dismissal without prejudice is relevant here. See Kempa v. Murphy, 260 Ill. App. 3d 701, 704 (1994) (“Be that as it may, once the suit was dismissed, with or without prejudice, the trial court lost jurisdiction to alter its judgment after 30 days elapsed following its entry without any proper action taken by the parties”). An order of dismissal may be final even though it is not with prejudice. Boonstra v. City of Chicago, 214 Ill. App. 3d 379, 385 (1991) (“Where a dismissal is based upon a determination that the complaint is not sufficient to state a cause of action, the order is final and appealable by its nature. Thus, an order of dismissal for failure to state a cause of action which is not followed by a request to amend is a final, appealable order and does not require a specific declaration by the plaintiff that he wishes to stand on the complaint. In addition, an order is not deprived of finality merely because it does not include the words ‘with prejudice’ ”). For that matter, even an order granting a dismissal with prejudice may be modified within 30 days. Pickle v. Curns, 106 Ill. App. 3d 734, 740 (1982).

More germane to this case is the distinction between enforcement and modification. See In re Marriage of Allen, 343 Ill. App. 3d 410, 412 (2003) (“Although the trial court loses jurisdiction to amend a judgment after 30 days from entry, it retains indefinite jurisdiction to enforce the judgment”). A final order may not be modified after 30 days. 735 ILCS 5/2 — 1203 (West 2004); County of Cook v. Illinois Fraternal Order of Police Labor Council, 358 Ill. App. 3d 667, 672 (2005). However, a court retains the inherent authority to enforce its own orders. Illinois Fraternal Order of Police Labor Council, 358 Ill. App. 3d at 671. This power is well recognized in Illinois law. See, e.g., In re Marriage of David, 367 Ill. App. 3d 908, 913 (2006) (relevant inquiry under Allen, 343 Ill. App. 3d at 412-13, is whether trial court’s order conforms to prior judgment or imposes new obligations); Illinois Fraternal Order of Police Labor Council, 358 Ill. App. 3d at 671-72; Allen, 343 Ill. App. 3d at 412-13; Holwell v. Zenith Electronics Corp., 334 Ill. App. 3d 917, 922 (2002); Comet Casualty Co. v. Schneider, 98 Ill. App. 3d 786, 791 (1981). That power may extend past the 30-day period during which a court may modify its orders.

It is significant that the cases cited in the preceding paragraph involved judgments that contemplated future conduct. The two marriage cases involved the implementation of QDROs, Comet Casualty concerned a consent decree, and Holwell dealt with the division of an award of attorney fees. Illinois Fraternal Order of Police Labor Council involved the implementation of an arbitration award. None involved motions to dismiss, which, by their nature, raise additional concerns. Specifically, where an order contemplates future conduct, it may be inferred that the court retained jurisdiction to enforce it. Such an inference is not always possible when a court dismisses, and thereby terminates, a case. It may just be that the court is done with the case in its entirety.

In Brigando v. Republic Steel Corp., 180 Ill. App. 3d 1016, 1020 (1989), the First District of this court made the following observations, which are helpful here:

“In some limited circumstances, a trial court may retain jurisdiction to enforce its own orders after the 30-day time period has lapsed. For example, in Comet Casualty Co. v. Schneider[, 98 Ill. App. 3d 786 (1981)], where the trial court entered a consent judgment, i.e., a judgment consented to by all of the parties and which is also approved and entered by the trial court, the court had jurisdiction after the 30-day period had lapsed to order the continuing performance of certain specific acts by the parties, which had been included as part of the consent judgment entered by the court. [Citation.] A trial court may also, at times, retain jurisdiction to enforce its order after the lapse of the 30-day period where the judgment contemplates or orders future performance by the parties. [Citations.] This is not, however, the usual case if a money judgment is entered by the court. [Citation.]” Brigando, 180 Ill. App. 3d at 1020.

The court then went on to hold that, in order to determine if the trial court had retained jurisdiction, it was necessary to “examine the scope of the [trial court’s] order.” Brigando, 180 Ill. App. 3d at 1020. The order at issue in that case simply stated, “ ‘This cause coming to be heard upon the regular call of cases for pre-trial, and it appearing to the court that the said cause has been settled by agreement of the parties. IT IS HEREBY ORDERED, adjudged and decreed that the above entitled cause be and the same is hereby dismissed with prejudice — ■ and without costs.’ ” Brigando, 180 Ill. App. 3d at 1017-18.

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Bluebook (online)
383 Ill. App. 3d 721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/director-of-insurance-for-the-state-of-illinois-v-a-and-a-midwest-illappct-2008.