Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2013
    Posts
    29

    Default What to Do if Your Appeal is Dismissed for Want of Prosecution

    My question involves court procedures for the state of: Illinois, Cook County

    I was the defendant in a chancery case. I lost, but believe I have a good chance of winning on appeal. I filed a timely notice of appeal and record on appeal, but I've been too sick to file my appellant's brief. On motion from appellee, the court dismissed the case for want of prosecution.

    735 ILCS 5/13-217 makes it sound like I have a year to refile, but somehow I think that only applies to the circuit court. I think Rule 367(a) only gives me 21 days to petition for rehearing, but perhaps I am wrong?

    I filed a motion to extend the time for petitioning for rehearing within the 21 days, but they only granted me 14 days more and then denied my second motion to extend the time for petitioning for rehearing, so at this point I think the appellate court has lost jurisdiction.

    Now what?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,656

    Default Re: How Do I Recover from a Dwp in Illinois Appellate Court

    What makes you think 13-217 has any applicability to you as a defendant or anything to do do with failing to prosecute a timely appeal? This is about the plaintiff refiling in the light of certain unfavorable actions to him.

    Once your appeal was dismissed and you blew your rehearing petition, it's over. Did you actually read 367(e)?

    This isn't elementary school. A note from your mommy doesn't excuse the failure to respond in a timely fashion.

  3. #3
    Join Date
    Aug 2013
    Posts
    29

    Default Re: How Do I Recover from a Dwp in Illinois Appellate Court

    735 ILCS 5/13-217 specifically states "the action is dismissed for want of prosecution", whereas 367 does not.

    367(e) would not appear to apply because I never filed a "petition for rehearing".

    It's annoying that plaintiffs get a year to cure a dwp but defendants only get 21 days.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,656

    Default Re: How Do I Recover from a Dwp in Illinois Appellate Court

    It's an entirely different situation in those two rules.
    Anyhow, you're not going to get a rehearing. You missed the time frame. I only bring it up since you mentioned it. It appears you didn't prosecute your higher court appeal. Your case is over. This is why you really need a lawyer, if not at the original case, but certainly to push appeals.

  5. #5
    Join Date
    Aug 2013
    Posts
    29

    Default Re: How Do I Recover from a Dwp in Illinois Appellate Court

    Yes, unfortunately pro bono attornies for foreclosures are rare and unheard of for foreclosure appeals (or at least that is what I was told every time I tried to find one).

    Do you know how a granted motion to extend the time for petitioning for rehearing affects the 35 days for a Rule 315 petition?

    Thank you for your assistance.

    1. Sponsored Links
       

Similar Threads

  1. Sentencing: Appeal Dismissed Due to Missing a Trial Date
    By zweg2 in forum Criminal Procedure
    Replies: 1
    Last Post: 11-07-2013, 11:21 AM
  2. Non-Performance and Breach: Won Arbitration, Contractor Filed Appeal, Contract Didn't Send Us Appeal Documents
    By oregontj in forum Construction, Repair and Renovation
    Replies: 5
    Last Post: 05-06-2013, 11:22 AM
  3. Denial & Appeals: Denied Unemployment, Won Appeal and Got Back Pay, Now Employer Filing Appeal
    By garyandsharon in forum Employment and Labor
    Replies: 1
    Last Post: 12-12-2012, 04:51 PM
  4. Chapter 13: Chapter 13 Dismissed - Is There an Automatic Stay If I Appeal
    By ProSeWAState in forum Bankruptcy Law
    Replies: 3
    Last Post: 10-15-2010, 07:39 AM
  5. Dismissal: Should Case Be Dismissed for Non-Prosecution
    By cotton02 in forum Civil Procedure
    Replies: 1
    Last Post: 05-22-2009, 07:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources