Harlem Savings Ass'n v. Lesniak

Appellate Court of Illinois

Harlem Savings Ass'n v. Lesniak

234 N.E.2d 160, 91 Ill. App. 2d 194, 1968 Ill. App. LEXIS 867

CourtAppellate Court of Illinois

DecidedJanuary 15, 1968

DocketGen. 52,687

StatusPublished

Cited by5 cases

This text of 234 N.E.2d 160 (Harlem Savings Ass'n v. Lesniak) 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.

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Harlem Savings Ass'n v. Lesniak, 234 N.E.2d 160, 91 Ill. App. 2d 194, 1968 Ill. App. LEXIS 867 (Ill. Ct. App. 1968).

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Opinion

MR. JUSTICE ENGLISH

delivered the opinion of the court.

In this matter defendants filed a notice of appeal from a decree of foreclosure entered on July 7,1967. Numerous issues are involved, relating not only to the basic litigation but also to a counterclaim and a third-party complaint.

Defendants moved in this court to expunge an order entered on December 19, 1967, in the trial court approving the Report of Sale and Distribution. In considering this motion we found that the decree of foreclosure from which this appeal was sought is not a final judgment and therefore not appealable. Calumet Federal Savings & Loan Ass’n of Chicago v. Markman, 50 Ill App2d 430, 438, 200 NE2d 419.

The authority of this court stems from the constitution and pertains only to “appeals from final judgments of a Circuit Court,” with exceptions not here pertinent. Art VI, §§ 6 and 7; Harris Trust & Savings Bank v. Briskin Mfg. Co., 63 Ill App2d 12, 15-16, 211 NE 2d 32. When we are without jurisdiction to determine an appeal it is our duty to dismiss it, even though neither of the parties has requested such action. Cook County v. Hoytt, 41 Ill App2d 122, 124, 190 NE2d 150; Village of Niles v. Szczesny, 13 Ill2d 45, 49, 147 NE2d 371. This appeal is, therefore, dismissed on the court’s own motion.

If the subject matter of this attempted appeal were again to be presented to this court, the abstracts and briefs now on file could be refiled in the new appeal without reprint.

Appeal dismissed.

MCCORMICK, P. J. and DRUCKER, J., concur.

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MR. JUSTICE ENGLISH

delivered the opinion of the court.

In this matter defendants filed a notice of appeal from a decree of foreclosure entered on July 7,1967. Numerous issues are involved, relating not only to the basic litigation but also to a counterclaim and a third-party complaint.

Defendants moved in this court to expunge an order entered on December 19, 1967, in the trial court approving the Report of Sale and Distribution. In considering this motion we found that the decree of foreclosure from which this appeal was sought is not a final judgment and therefore not appealable. Calumet Federal Savings & Loan Ass’n of Chicago v. Markman, 50 Ill App2d 430, 438, 200 NE2d 419.

The authority of this court stems from the constitution and pertains only to “appeals from final judgments of a Circuit Court,” with exceptions not here pertinent. Art VI, §§ 6 and 7; Harris Trust & Savings Bank v. Briskin Mfg. Co., 63 Ill App2d 12, 15-16, 211 NE 2d 32. When we are without jurisdiction to determine an appeal it is our duty to dismiss it, even though neither of the parties has requested such action. Cook County v. Hoytt, 41 Ill App2d 122, 124, 190 NE2d 150; Village of Niles v. Szczesny, 13 Ill2d 45, 49, 147 NE2d 371. This appeal is, therefore, dismissed on the court’s own motion.

If the subject matter of this attempted appeal were again to be presented to this court, the abstracts and briefs now on file could be refiled in the new appeal without reprint.

Appeal dismissed.

MCCORMICK, P. J. and DRUCKER, J., concur.

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234 N.E.2d 160, 91 Ill. App. 2d 194, 1968 Ill. App. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlem-savings-assn-v-lesniak-illappct-1968.

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