Northtown Warehouse & Transportation Co. v. Transamerica Insurance

I disagree with the opinion of the majority that we lack jurisdiction to consider this appeal. The opinion is based upon the conclusion that “the judgment here involved less than all claims and all parties, and no special finding was entered as required by Rule 304(a).”

It is my belief, however, that Rule 304(a) is not applicable and no special finding is required because it applies only where multiple parties and claims are involved in a single action (Salyers v. Board of Governors (1979), 69 Ill. App. 3d 356, 387 N.E.2d 1129), and the amended complaint and the counterclaim allege separate…