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Harlem Sav. Ass'n v. Lesniak

Appellate Court of Illinois, First District. Fourth Division
Jan 15, 1968
234 N.E.2d 160 (Ill. App. Ct. 1968)

Opinion

Gen. No. 52,687.

January 15, 1968.

Appeal from the Circuit Court of Cook County; the Hon. CORNELIUS J. HARRINGTON, Judge, presiding. Appeal dismissed.

Arthur George, of Chicago, for appellant.

Hoft, Shapiro Hoft, of Chicago, for appellee.


In this matter defendants filed a notice of appeal from a decree of foreclosure entered on July 7, 1967. Numerous issues are involved, relating not only to the basic litigation but also to a counterclaim and a third-party complaint.

Defendants moved in this court to expunge an order entered on December 19, 1967, in the trial court approving the Report of Sale and Distribution. In considering this motion we found that the decree of foreclosure from which this appeal was sought is not a final judgment and therefore not appealable. Calumet Federal Savings Loan Ass'n of Chicago v. Markman, 50 Ill. App.2d 430, 438, 200 N.E.2d 419.

[1-3] The authority of this court stems from the constitution and pertains only to "appeals from final judgments of a Circuit Court," with exceptions not here pertinent. Art VI, §§ 6 and 7; Harris Trust Savings Bank v. Briskin Mfg. Co., 63 Ill. App.2d 12, 15-16, 211 N.E.2d 32. When we are without jurisdiction to determine an appeal it is our duty to dismiss it, even though neither of the parties has requested such action. Cook County v. Hoytt, 41 Ill. App.2d 122, 124, 190 N.E.2d 150; Village of Niles v. Szczesny, 13 Ill.2d 45, 49, 147 N.E.2d 371. This appeal is, therefore, dismissed on the court's own motion.

If the subject matter of this attempted appeal were again to be presented to this court, the abstracts and briefs now on file could be refiled in the new appeal without reprint.

Appeal dismissed.

McCORMICK, P.J. and DRUCKER, J., concur.


Summaries of

Harlem Sav. Ass'n v. Lesniak

Appellate Court of Illinois, First District. Fourth Division
Jan 15, 1968
234 N.E.2d 160 (Ill. App. Ct. 1968)
Case details for

Harlem Sav. Ass'n v. Lesniak

Case Details

Full title:Harlem Savings Association, Plaintiff and Counter-Defendant-Appellee, v…

Court:Appellate Court of Illinois, First District. Fourth Division

Date published: Jan 15, 1968

Citations

234 N.E.2d 160 (Ill. App. Ct. 1968)
234 N.E.2d 160

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