First District Illinois Appellate Rules Appeal From Denial Of Injunction Can Wait Until End Of Case

This case involved a dispute over the proceeds of a judgment debtor’s property. Certain of the creditors moved to allocate the proceeds of the sale of the property. The trial court denied the allocation motion.

Illinois Supreme Court Rule 307 allows orders granting or denying injunctive relief to be appealed within 30 days, as an interlocutory appeal. But the creditors who lost the allocation motion did not appeal within that deadline. They did timely appeal at the conclusion of the case. The issue was whether the court had jurisdiction to consider the appeal that did not comply with Rule 307.

The appellate court ruled that Rule 307 gave parties the option of appealing right away, but did not mandate an interlocutory appeal. “ . . . [W]hile Rule 307(a)(1) confers on parties the right to appeal certain interlocutory orders before entry of final judgment, the rule does not require that such an interlocutory appeal must be taken . . . Rather, the party has the option of waiting until after final judgment has been entered before seeking review of the interlocutory order . . .”

View the whole case, Decaro v. M. Felix, Inc., No. 1-05-2460 3/9/07), by clicking here.