Legal Opinion · Dissent

Parrish v. Lee

Appellate Court of Illinois

Decided March 22, 1988No. 3-87-0205, 3-87-0207, 3-87-0248 consPublished

1DissentJustice Heiple

I disagree with the majority’s opinion that the circuit court was without jurisdiction to rule on the plaintiff’s timely filed motion to vacate because it had made a finding pursuant to Rule 304(a). For 30 days subsequent to the entry of a judgment or final order, or until notice of appeal is filed, the circuit court retains jurisdiction over a case. (In re Estate of Tobin (1987), 152 Ill. App. 3d 965, appeal denied (1987), 115 Ill. 2d 541.) During the 30-day period, a circuit court may, through its inherent authority (Marshall Field & Co. v. Nyman (1918), 285 Ill. 306) or upon motion (Ill.…

2Cases cited8 opinions

  1. Elliott v. WillisIllinois Supreme Court · 1982
  2. Elg v. WhittingtonIllinois Supreme Court · 1988
  3. City of Chicago v. MyersIllinois Supreme Court · 1967
  4. Fox v. Department of RevenueIllinois Supreme Court · 1966
  5. Marshall Field & Co. v. NymanIllinois Supreme Court · 1918

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