George F. Mueller & Sons, Inc. v. Daly

Plaintiff appeals from orders which denied plaintiff’s motions both to strike defendant’s answer and to dismiss defendant’s counterclaim. On appeal the determinative issue is whether the orders in question are appealable orders.

The defendant appellee filed no brief in this court but did file a motion to dismiss the appeal for the reason that “this appeal is an interlocutory appeal not coming within the provisions of Rule 307 or Rule 308 of the Supreme Court of Illinois.”

In a countermotion, plaintiff moved that this court enter “any judgment order necessary to constitute the orders of March…