S.C. Vaughan Oil Co. v. Caldwell, Troutt & Alexander

I agree that the appellate court should not have dismissed this appeal for lack of jurisdiction. Contrary to the majority, however, I would not remand for further proceedings. The judgment of the circuit court granting plaintiffs’ petition to reinstate under section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2— 1401 (West 1992)) should be reversed outright.

Relief is available under section 2 — 1401 only from final orders and judgments. If an order is not final, section 2 — 1401 is inapplicable and cannot be the basis for setting aside that order. The predicate for plaintiffs’ section…