City of Chicago v. Hutter

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Defendants appeal from an order of the circuit court dismissing their prior appeal, pursuant to Supreme Court Rule 309.

No appellee brief has been filed, but we have decided to consider this appeal on its merits under the authority of First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128, 131, 345 N.E.2d 493, 494, in which it was said “[a] considered judgment of the trial court should not be set aside without some consideration of the merits of the appeal.”

It appears that defendants filed a notice of…