Myre v. Board of Education of Seneca Township High School District No. 160

439 N.E.2d 74, 108 Ill. App. 3d 440, 64 Ill. Dec. 145, 1982 Ill. App. LEXIS 2162
CourtAppellate Court of Illinois
DecidedAugust 9, 1982
Docket81-405
StatusPublished
Cited by8 cases

This text of 439 N.E.2d 74 (Myre v. Board of Education of Seneca Township High School District No. 160) 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
Myre v. Board of Education of Seneca Township High School District No. 160, 439 N.E.2d 74, 108 Ill. App. 3d 440, 64 Ill. Dec. 145, 1982 Ill. App. LEXIS 2162 (Ill. Ct. App. 1982).

Opinions

PRESIDING JUSTICE BARRY

delivered the opinion of the court:

The substantive issue in this case is whether the trial court erred in granting injunctive relief to a former high school student for the school board’s violation of her right to substantive due process of law. For the reason explained below, we do not decide that issue.

Mary Angela Myre, the plaintiff, filed a complaint in the circuit court of La Salle County on November 10, 1980, alleging that her rights to substantive due process had been violated when she was improperly subjected to in-school suspension and, as a consequence, missed certain examinations which could adversely affect her opportunity for college admission. The discipline measure resulted from Mary’s having been found in possession of beer at an out-of-town football game on October 31, 1980. Mary, a high school senior at the time, admitted the offense and was given a choice as to which form her discipline would take-in-school or out-of-school suspension. After discussing the matter with her parents, Mary chose in-school suspension for a five-day period, as specified in the student handbook for alcohol/ drug use, and a two-month restriction on attending extra-curricular activities. Following a special meeting of the Seneca Township Board of Education (defendant herein) and Mary’s father, the board approved the disciplinary measures. Mary began to serve her five-day in-school suspension on November 6,1980.

By November 10, Mary had missed a biology II test, and stood to miss examinations in family living and accounting before the completion of the in-school suspension period. However, on that date she sought and obtained temporary injuctive relief from the circuit court. In addition to enjoining the school from preventing her from taking exams for the remainder of the in-school suspension period, the court ordered that Mary be permitted to make up all missed examinations.

The examinations were, in fact, taken by Mary. On December 22, 1980, the suit for permanent injunctive relief (count I of plaintiff’s complaint) proceeded to a trial on the merits. Although she had received grades for the accounting and family living tests, her biology exam remained ungraded pending the court’s ruling. At the conclusion of testimony on January 5, 1981, the court found that the rule under which Mary had been disciplined was a valid one but that, as applied to the circumstances herein, it constituted a deprivation of her rights to substantive due process. On January 16, 1981, the court entered its order granting permanent injunctive relief and ordering the school to credit grades for all examinations given pursuant to the T.R.O. The court further ordered that count III of plaintiff’s complaint, in which she requested attorney fees pursuant to “§1983 of Title 42 of the United States Code, as amended,” would be heard at a later date.

On February 26, 1981, plaintiff’s complaint was amended to add that count I was brought pursuant to “§§1983 and 1988 of Title 42 of the United States Code,” and that count III was being brought pursuant to section 1988. The hearing on attorney fees was held on the same date. Counsel for Mary testified that they had billed her $1,850 for attorney fees, representing “in excess of 51 hours of work *** at about $40 or $45 an hour,” and $101 in court costs. The court took the matter under advisement at the close of all testimony and arguments of counsel, and entered judgment in favor of Mary on June 5, 1981. The court’s order awarded plaintiff $1,918, representing $1,850 for attorney fees and $68 for court costs.

On July 2, 1981, the board filed its notice of appeal. Plaintiff filed a cross-appeal on July 10. On January 27, 1982, plaintiff filed in this court a motion to dismiss the board’s appeal, asserting therefor two bases: lack of appellate jurisdiction over the issue of permanent injunctive relief which was granted on January 16, 1981, and mootness. We took both the motion to dismiss and the board’s response thereto with the case.

Plaintiff contends that the board’s July 2, 1981, notice of appeal, which made specific reference only to the June 5 order, sought appeal only from the order of attorney fees. Therefore, she argues, this court lacks jurisdiction over the issue of the permanent injunction. The board, on the other hand, takes the position that the July 2 notice of appeal was sufficiently broad to encompass the January order of permanent injunctive relief. In support of this position, the board points to language in the notice which, they contend, sufficiently apprised the plaintiff that the board intended to appeal the rulings entered in January. In essence, the notice of appeal reads as follows: “You are *** notified that the Defendant *** appeals *** from the order of the Circuit Court *** entered *** on the 5th *** of June, 1981. By said order the *** Judge *** found all issues in favor of Plaintiff *** and affirmed the prior oral order *** granting plaintiff’s *** petition for Permanent Injunctive and Other Relief.”

We agree with the board that this language is in substantial compliance with the notice requirement of Supreme Court Rule 303(c) (73 Ill. 2d R. 303(c)) even though it may be technically faulty. Generally, the notice of appeal is to be liberally construed with a view to its purpose. (Burtell v. First Charter Service Corp. (1979), 76 Ill. 2d 427, 394 N.E.2d 380.) Errors made in specifying the dates of orders appealed from have been held not to bar an appeal where the substance of the notice of appeal, as a whole, fairly and clearly informs the other party of the judgments over which review is sought. (In re Estate of Malloy (1981), 96 Ill. App. 3d 1020, 422 N.E.2d 76; Hamer v. Board of Education (1978), 66 Ill. App. 3d 7, 383 N.E.2d 231.) In our opinion, the notice of appeal herein satisfies the minimum requirements of the rule as liberally construed in that it clearly mentions the grant of injunctive relief as a basis for the appeal. Whether the reference to June 5 was in error because it should have been January 5 (the date of the court’s oral order on the issue of permanent injunctive relief) or whether the June 5 date was intended to refer only to the court’s award of attorney fees, and the failure to specify January 5 was an error of omission, is not dispositive of the question of adequacy of the notice of appeal. Rather, the purpose of the document — to give fair notice of the issues to be advanced by the appellant-must be met. In this case it was, and the plaintiff has failed in any event to demonstrate any prejudice resulting from the board’s failure to specify the date of the court’s grant of injunctive relief. Accordingly, we will not dismiss this appeal for lack of appellate jurisdiction.

The plaintiff’s second contention for dismissal is based on the doctrine of mootness. The mootness argument requires the recitation of a few additional facts which appear in an affidavit attached to plaintiff’s motion to dismiss. The plaintiff was graduated from high school in June 1981. She was accepted for and did commence attending college in the fall 1981 semester at Western Illinois University, Macomb, Illinois.

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Cite This Page — Counsel Stack

Bluebook (online)
439 N.E.2d 74, 108 Ill. App. 3d 440, 64 Ill. Dec. 145, 1982 Ill. App. LEXIS 2162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myre-v-board-of-education-of-seneca-township-high-school-district-no-160-illappct-1982.