Huber v. Maggio
| Decision Date | 28 August 1975 |
| Docket Number | No. 74--157,74--157 |
| Citation | 333 N.E.2d 270,31 Ill.App.3d 624 |
| Parties | Alfred HUBER, Plaintiff-Appellee, v. John MAGGIO, d/b/a Fix-It Safe & Lock, Inc., Defendant-Appellant. Sherry WOLVERTON, Plaintiff-Appellee, v. John MAGGIO, d/b/a Fix-It Safe & Lock, Inc., Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Robert R. Mensing, Califf, Harper, Benson, Fox & Dailey, Moline, for defendant-appellant.
Robert H. Lawson, Rock Island, for plaintiff-appellee.
Alfred Huber (Circuit Court no. 73--SC--2412) and Sherry Wolverton (Circuit Court no. 73--SC--2411), as drivers of different automobiles, brought separate actions, based on negligence and arising out of a common nucleus of operative facts, for property damage to their respective motor vehicles against John Maggio, d/b/a Fix-It Safe and Lock, Inc. In a consolidated trial without a jury, the court entered judgments in favor of Huber and Wolverton for the amounts of the respective property damage claimed. In this consolidated appeal the defendant seeks reversal of those judgments.
Huber and Wolverton proceeded against the defendant Maggio on a theory that he negligently allowed a concealed concrete island to remain in his parking lot. The plaintiffs, as business invitees, suffered property damage to their automobiles by running upon the concrete island and iron posts installed as protective devices by the defendant at both ends of the island. The plaintiffs obtained judgments despite the defendant's allegations that each plaintiff had admittedly known of the concrete island although moments later forgot about it, and was therefore guilty of contributory negligence. Because of the view we take of these cases, we find that we have no jurisdiction to consider the merits of this appeal.
Following the trial the cases were taken under advisement; the trial judge entered judgments on October 25, 1973. All parties admit that defendant's notice of appeal, filed on December 21, 1973, was well after the statutory 30 day time limit. (Ill.Rev.Stat. ch. 110A sec. 303(a)). The trial court, in an order dated January 7, 1974, which overruled the plaintiffs' objections to defendant's notice of appeal, held that the notice was valid because neither the defendant nor his counsel had been notified of the judgments entered on October 25, 1973. The trial judge concluded that it would be inequitable and work a hardship on the defendant to rule that his notice was not timely when the delay in giving notice of the judgments was caused by an oversight.
The defendant-appellant filed his notice of appeal on the 57th day after judgment had been...
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Van Slambrouck v. Marshall Field & Co., 80-1030
...to extend the time for appeal. (Herman v. Hamblet (1980), 81 Ill.App.3d 1050, 401 N.E.2d 973, 36 Ill.Dec. 835; Huber v. Maggio (1975), 31 Ill.App.3d 624, 333 N.E.2d 270.) The order being final and appealable on November 27, 1979, the finding in the March 28th order that the order of Novembe......
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...timely notice of appeal deprives the appellate court of jurisdiction to consider the merits of the appeal. (e. g., Huber v. Maggio (1975), 31 Ill.App.3d 624, 333 N.E.2d 270; Stauffer v. Held (1974), 16 Ill.App.3d 750, 306 N.E.2d 877.) Here, although a motion was made within 30 days to exten......
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...rules governing appeals." (In re Smith (1980), 80 Ill.App.3d 380, 382, 35 Ill.Dec. 635, 399 N.E.2d 701, citing Huber v. Maggio (1975), 31 Ill.App.3d 624, 625, 333 N.E.2d 270; see also Meyer v. Blue Cab Co. (1984), 129 Ill.App.3d 440, 84 Ill.Dec. 737, 472 N.E.2d 874 (trial court's entry of f......
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