Manning v. City of Chicago

944 N.E.2d 876
CourtAppellate Court of Illinois
DecidedFebruary 25, 2011
Docket1-09-1561
StatusPublished
Cited by1 cases

This text of 944 N.E.2d 876 (Manning v. City of Chicago) 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
Manning v. City of Chicago, 944 N.E.2d 876 (Ill. Ct. App. 2011).

Opinion

944 N.E.2d 876 (2011)

Willa MANNING, Special Administratrix of the Estate of David Wilson, Deceased, Plaintiff-Appellant,
v.
The CITY OF CHICAGO, a Municipal Corporation, and Luke Daly, Star No. 21064, Defendants-Appellees.

No. 1-09-1561.

Appellate Court of Illinois, First District, Fifth Division.

February 25, 2011.

*877 Muslin & Sandberg, Chicago, Craig M. Sandberg, for Appellant.

James G. Sotos & Associates, Ltd., Itasca, James G. Sotos, Caroline P. Golden, Special Assistant Corporation Counsel; Corporation Counsel of the City of Chicago, Chicago, Mara S. Georges, Corporation Counsel, Benna Ruth Solomon, Deputy Corporation Counsel, Myriam Zreczny Kasper, Chief Assistant Corporation Counsel, for Appellees.

OPINION

Presiding Justice FITZGERALD SMITH delivered the judgment of the court, with opinion.

David Wilson originally brought suit against defendants-appellees the City of Chicago, a municipal corporation, and Detective Luke Daly, star No. 21064 (defendants or as named), related to an incident which resulted in Detective Daly shooting Wilson while in an interview room at police headquarters. Following trial, a jury returned a verdict in favor of defendants. Wilson appealed; during the pendency of his appeal, Wilson died. Thereafter, plaintiff Willa Manning, special administratrix of the estate of David Wilson, deceased (plaintiff), assumed Wilson's appeal. Currently, plaintiff presents nine contentions on review, asserting, in brief, several errors by the trial court concerning, in part, jury instructions, expert and witness testimony, the introduction of a prior conviction, and its decisions to dismiss counts of *878 Wilson's complaint and to deny him leave to file a second amended complaint. Plaintiff asks that we reverse the trial court's entry of judgment on the jury's verdict in favor of defendants and that we remand the matter for a new trial.

We find, however, that we are without jurisdiction to consider this appeal because the notice of appeal was not timely filed. Therefore, pursuant to our analysis below, we must dismiss this cause.

BACKGROUND

Because our decision turns on jurisdiction and the timeliness of the notice of appeal, we need not present a full recitation of the facts involved in the incident at issue or the resulting jury trial. Instead, we present only those facts relevant to our disposition herein.

As noted, Wilson was shot by Detective Daly while in custody on a warrant for two forcible felonies; the incident took place in an interview room at police headquarters. Wilson was shot in the stomach, right forearm and left upper arm, and his wounds caused paralysis in his legs. In October 2005, Wilson brought a two-count complaint against defendants alleging willful and wanton conduct and agency; he later filed an amended complaint to include two additional counts for negligence under the special duty exception to the public duty rule. The trial court eventually dismissed the negligence counts and denied Wilson's motion to file a second amended complaint. The cause proceeded to a jury trial on the willful and wanton and agency counts. Following several motions in limine and the presentation of multiple witnesses and forensic evidence, the jury returned a verdict in favor of defendants. In response to a special interrogatory, the jury found that when he shot Wilson, Detective Daly "reasonably believe[d] that such force was necessary to prevent imminent death or great bodily harm to himself."

The trial court entered judgment on the jury's verdict on September 4, 2008. Wilson moved for an extension of time to file his posttrial motion. The court granted his motion on October 6, 2008, giving him until December 19, 2008, to file his posttrial motion. Then, on December 18, 2008, Wilson moved for a second extension to time to file his posttrial motion. However, the court did not grant his motion until December 29, 2008, giving him until February 2, 2009, to file his posttrial motion. The record further indicates that Wilson later filed a motion for a third extension of time in which to file his posttrial motion, and that the court granted this on February 5, 2009, giving him until February 9, 2009, to file a posttrial motion. Wilson filed his posttrial motion for a new trial on February 9, 2009. The trial court denied his motion on May 19, 2009. Wilson filed his notice of appeal on June 17, 2009.

On June 22, 2010, during the pendency of his appeal before our court, Wilson died. Plaintiff was appointed in this matter on Wilson's behalf.

ANALYSIS

We state at the outset that the record is clear that the trial court lost jurisdiction over Wilson's matter as of December 19, 2008, long before he filed his notice of appeal and, thus, we are deprived of jurisdiction to hear plaintiff's appeal.

Our state's rules and procedures regarding legal proceedings are not mere suggestions but, instead, are required to be followed by all parties to a cause of action in our courts. See Trentman v. Kappel, 333 Ill.App.3d 440, 441, 266 Ill. Dec. 969, 775 N.E.2d 1041 (2002). Illinois Supreme Court Rule 303(a)(1) (Ill.S.Ct. R. 303(a)(1) (eff. May 30, 2008)) mandates that, in order for our court to be vested *879 with jurisdiction, a notice of appeal must be filed within 30 days of the entry of the final judgment in the trial court, or, if a timely posttrial motion directed against the judgment has been filed, within 30 days after the entry of the order disposing of that motion. See also Ill. S.Ct. R. 301 (eff.Feb.1, 1994). Relatedly, section 2-1202(c) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-1202(c) (West 2008)) governs the time requirements applicable to the filing of posttrial motions. Section 2-1202(c) states:

"Post[ ]trial motions must be filed within 30 days after the entry of judgment or the discharge of the jury, if no verdict is reached, or within any further time the court may allow within the 30 days or any extensions thereof." 735 ILCS 5/2-1202(c) (West 2008).

Our court has specifically and repeatedly made clear that the language of section 2-1202(c) is plain and unambiguous—"if the trial court extends the time in which to file a posttrial motion beyond the initial 30-day period, that order of time extension must be entered within the 30-day period or within any period of extension already given. In other words, after the 30-day period has expired, or the extended period of time has expired, without the entry of a new order setting a new deadline, the trial court loses jurisdiction over the case." Trentman, 333 Ill.App.3d at 442, 266 Ill. Dec. 969, 775 N.E.2d 1041. And, once the trial court loses jurisdiction, any subsequent orders entered, including a notice of appeal which would vest jurisdiction with our court, are not viable. See Trentman, 333 Ill.App.3d at 444, 266 Ill.Dec. 969, 775 N.E.2d 1041; accord In re Estate of Kunsch, 342 Ill.App.3d 552, 559, 276 Ill. Dec. 809, 794 N.E.2d 1059 (2003).

A prime example of the operation of section 2-1202(c), and its applicability to the instant cause, is found in Trentman.

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Bluebook (online)
944 N.E.2d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-city-of-chicago-illappct-2011.