LOWENTHAL v. McDONALD

No. 2-05-0161.

856 N.E.2d 1118 (2006)

306 Ill.Dec. 23

Jody Ann LOWENTHAL, Plaintiff-Appellant, v. James T. McDONALD, Defendant-Appellee.

Appellate Court of Illinois, Second District.

September 14, 2006.


Attorney(s) appearing for the Case

David J. Fitzpatrick, David J. Fitzpatrick & Associates, Ltd., Chicago, for Jody Ann Lowenthal.

Robert W. Rohm, Frances M. Clement, Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, for James T. McDonald.


Justice BOWMAN delivered the opinion of the court:

At issue in this case is whether the parties' agreement to extend the time for filing a posttrial motion validates an untimely motion requesting such an extension. We conclude that this type of agreement, on its own, does not allow the trial court to retain jurisdiction over the case. Correspondingly, plaintiff failed to timely file a notice of appeal, and we therefore dismiss this appeal for lack of jurisdiction...

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