Opinion
No. 1-13-2913
09-05-2014
IVAN DEJESUS, LAVII CABINETRY, and KITCHEN CABINETRY, Plaintiffs-Appellees, v. MOHAMMAD SHAHID, Defendant-Appellant.
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). Appeal from the Circuit Court of Cook County. No. 13 M1 100081 Honorable Sheryl A. Pethers, Judge Presiding. JUSTICE ROCHFORD delivered the judgment of the court.
Justices Hall and Lampkin concurred in the judgment.
ORDER
¶ 1 Held: Defendant's appeal was dismissed for lack of jurisdiction pursuant to Supreme Court Rule 303(a)(1), where his notice of appeal was filed more than 30 days after the circuit court denied defendant's motion to vacate the adverse judgment. ¶ 2 In this breach of contract action, defendant Mohammad Shahid, pro se, appeals from the circuit court's judgment in favor of plaintiffs, Ivan DeJesus, Lavii Cabinetry, and Kitchen Cabinetry after a trial. Although the plaintiffs have not filed a response brief in this cause, we may proceed under the principles set forth in First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (1976). Defendant appeals, requesting this court vacate the trial court's judgment or, in the alternative, remand for a new trial. ¶ 3 A timely-filed notice of appeal is mandatory and jurisdictional. Won v. Grant Park 2, LLC, 2013 IL App (1st) 122523, ¶ 20. Illinois Supreme Court Rule 303(a)(1) (Ill. S. Ct. R. 303(a)(1) (eff. June 4, 2008)), mandates that a notice of appeal must be filed within 30 days following the entry of the final judgment appealed from or, if a timely posttrial motion directed against judgment is filed, within 30 days after the entry of the order disposing of the postjudgment motion. Id. Our supreme court requires strict compliance with the 30-day filing period. Won, 2013 IL App (1st) 122523, ¶ 20. Neither a trial court, nor an appellate court has the authority to excuse compliance with the filing requirements mandated by Illinois Supreme Court Rules. Id. ¶ 4 On May 6, 2013, the circuit court entered an order which denied defendant's posttrial motion to vacate the judgment. Defendant filed his notice of appeal on September 9, 2013, well beyond the 30-day filing period. Accordingly, this court lacks jurisdiction to consider defendant's appeal. ¶ 5 For the foregoing reasons, we dismiss the appeal for lack of appellate jurisdiction pursuant to Illinois Supreme Court Rule 303(a)(1). Ill. S. Ct. R. 303(a)(1) (eff. June 4, 2008). ¶ 6 Appeal dismissed for lack of jurisdiction.
Although Kitchen Cabinetry is named as a party on the notice of appeal, it is not named as a plaintiff in the complaint.