People ex rel. Collins v. Burton

Appellant, Morris C. Davis, Jr., in both his individual and representative capacities, filed an appeal after being denied leave to intervene in the underlying paternity action to contest a petition to modify child support. The trial court made no finding under Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)) and the petition to modify remained pending at the time appeal was taken.

The State has moved to dismiss the appeal for lack of jurisdiction because of the absence of a finding under Supreme Court Rule 304(a), citing cases from other districts of this court which have adopted that…