City of Peoria v. Lynn

This case is companion to No. 75-451 filed this same date, People v. Zimmerman (3d Dist. 1976), 44 Ill. App. 3d 601, 358 N.E.2d 715. Here the City of Peoria appeals from the trial court’s order granting defendants’ motions to suppress evidence and to return the property which was seized.

During oral argument in this case, defendants moved to dismiss the appeal, contending that this court lacked jurisdiction due to the city’s failure to file a notice of appeal. The record contains a document entitled “Notice of Appeal and Praecipe for Record and Proof of Service,” which was timely filed and…