Heiden v. DNA Diagnostics Center, Inc.

918 N.E.2d 1083, 396 Ill. App. 3d 135, 335 Ill. Dec. 270, 2009 Ill. App. LEXIS 1089
CourtAppellate Court of Illinois
DecidedNovember 9, 2009
Docket2-07-0620
StatusPublished
Cited by19 cases

This text of 918 N.E.2d 1083 (Heiden v. DNA Diagnostics Center, Inc.) 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
Heiden v. DNA Diagnostics Center, Inc., 918 N.E.2d 1083, 396 Ill. App. 3d 135, 335 Ill. Dec. 270, 2009 Ill. App. LEXIS 1089 (Ill. Ct. App. 2009).

Opinions

JUSTICE BURKE

delivered the opinion of the court:

Plaintiffs, Cheryl A. Heiden and Amelia Heiden, appeal the judgment of the circuit court of McHenry County, which granted summary judgment in favor of defendant, DNA Diagnostics Center, Inc. (the Center). We dismiss the appeal for lack of jurisdiction.

FACTS

On February 24, 1999, Cheryl, on her own behalf and on behalf of her then-minor daughter, Amelia, filed a petition against Craig H. Ottinger, who is not a party to this appeal, to determine the existence of a father-child relationship pursuant to the Illinois Parentage Act of 1984 (Act) (750 ILCS 45/1 et seq. (West 1998)). Cheryl claimed that Craig was the natural father of Amelia, and she asked the court to find that he was the natural father and to order him to pay a sum certain for Amelia’s support. On October 4, 2000, the trial court entered an agreed order for the parties to submit to blood tests to be conducted by the Center. In 2001, the Center tested an unlabeled vial of blood, which it presumed was Craig’s, and the results excluded Craig as the father. However, blood tests taken in 1987 had revealed that there was a 99.93% chance that Craig was the father. The trial court granted Craig’s motion for summary judgment, declaring that he was not the biological father of Amelia. We reversed the order granting summary judgment to Craig and remanded the cause for further proceedings (Heiden v. Ottinger, No. 2 — 02—1331 (2003) (unpublished order under Supreme Court Rule 23)), finding, in part, that the 1987 blood test raised a material issue of fact regarding the reliability of the 2001 blood test. Heiden, slip op. at 10. We also observed that the failure to label Craig’s blood vial raised questions regarding the reliability of the chain of custody with respect to the 2001 blood test. Heiden, slip op. at 11.

The present lawsuit arises out of the Center’s agreement with Cheryl to perform the 2001 blood test. Third-party defendant, Northern Illinois Clinical Laboratory, Ltd. (NICL), drew blood from plaintiffs and Craig at different sites and mailed the samples to the Center in Ohio for testing. Plaintiffs sued the Center based on the failure to properly label the sample purported to be Craig’s. Plaintiffs sued the Center under various legal theories, including breach of agreement. The Center filed a third-party complaint against NICL and Gemma Ledesma, seeking contribution and indemnity. The Center also moved for summary judgment on plaintiffs’ complaint.

On April 13, 2007, the trial court entered a final and appealable order that granted the Center summary judgment on the claim in plaintiffs’ third amended complaint. The order stated that it was a final and appealable order and that no just cause existed to delay its enforcement or appeal pursuant to Supreme Court Rule 304(a) (210 Ill. 2d R. 304(a)). During the hearing, the court expressly stated that the Center’s third-party complaint also was resolved, and NICL and Ledesma are not parties to this appeal.

On May 14, 2007, plaintiffs filed a “Motion to Reconsider Court Order of April 13, 2007, and For Clarification of said Order.” Plaintiffs’ motion requested that the court amend its April 13 order to expressly reflect that it also disposed of the Center’s third-party complaint, although the trial court already had ruled on this precise issue during the hearing on the motion for summary judgment. The substance of plaintiffs’ motion did not request a rehearing or reconsideration regarding the summary judgment entered on behalf of the Center. In their prayer for relief, plaintiffs “requested that [the trial court] enter an Order reconsidering its Order of April 13, 2007[,] and/or clarifying its said Order, reflecting [the trial court’s] written disposition of the Third Party Complaint herein.” (Emphasis in original.)

At the hearing on plaintiffs’ motion, the trial court explained that the matter had been addressed at the hearing on April 13, and “since it was a third party contribution action[,] it fell on its own because there was nothing independent, no independent cause of action that would stand alone against [NICL and Ledesma].”

In response to the court’s concern whether the motion was filed within 30 days of the order, plaintiffs’ counsel stated that it had been and that it was “a motion to clarify the order.” The Center’s counsel suggested that plaintiffs’ motion was “a motion to reconsider I guess.” Plaintiffs’ counsel responded, “It’s a motion to clarify, Judge.” The Center’s counsel noted for the record that there was no argument in the motion that the trial court erred with respect to summary judgment; that the motion “is complaining that there is no affirmative language in the order that disposed of the third party claim.” The Center’s counsel wondered if there were adequate grounds to bring a motion to reconsider. He commented that a motion for reconsideration of summary judgment should argue that there was an error made with respect to the ruling itself. The Center’s counsel stated: “This ruling, I guess, it’s titled a motion to reconsider, but it’s asking for clarification.” The trial court agreed that the motion was “not truly a motion to reconsider, *** calling it a clarifying [motion].” On May 22, 2007, the trial court entered an order denying plaintiffs’ motion.

On June 20, 2007, plaintiffs filed their notice of appeal. The Center moved to dismiss the appeal as untimely under Supreme Court Rule 303(a)(1) (210 Ill. 2d R. 303(a)(1)) because the notice of appeal was filed more than 30 days after the entry of the judgment. The Center argued that plaintiffs’ motion requesting the court to enter an order “reconsidering its Order of April 13, 2007 and/or clarifying its said Order, reflecting this Honorable Court’s written disposition of the Third Party Complaint” was not a motion to reconsider but a motion to clarify, which did not qualify as a proper postjudgment motion that would toll the 30-day period to file an appeal, and that therefore this court was without jurisdiction. Plaintiffs responded that their motion met the parameters of section 2 — 1203(a) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 1203(a) (West 2008)) and based on Kingbrook, Inc. v. Pupurs, 202 Ill. 2d 24 (2002), qualified as a proper postjudgment motion because the title of the motion included the word “reconsider” and because the prayer for relief requested that the trial court enter an order reconsidering the April 13, 2007, order.

We granted the Center’s motion, and the appeal was dismissed on November 21, 2007. Plaintiffs filed a motion to reconsider the dismissal and the Center responded. Thereafter, we allowed the motion to reconsider and reinstated the appeal.

ANALYSIS

Before explaining why this appeal must be dismissed, we observe that, although we allowed the motion to reconsider and reinstated the appeal, we may reconsider the matter at any time before we dispose of the case. See First Bank v. Phillips, 379 Ill. App. 3d 186, 188 (2008).

A timely notice of appeal is jurisdictional. In re Marriage of Sin-gel, 373 Ill. App. 3d 554, 556 (2007). Rule 303(a)(1) governs when a notice of appeal must be filed in a civil case. Under Rule 303(a)(1), a party generally must file an appeal no more than 30 days after the entry of the final order.

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Heiden v. DNA Diagnostics Center, Inc.
918 N.E.2d 1083 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
918 N.E.2d 1083, 396 Ill. App. 3d 135, 335 Ill. Dec. 270, 2009 Ill. App. LEXIS 1089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heiden-v-dna-diagnostics-center-inc-illappct-2009.