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Appellate Law

: Abstract Appeal

Fourth District: No Jurisdiction, But Directions

By Matt Conigliaro

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The plaintiff in this case attempted to appeal a circuit court’s order refusing to reopen a file. The Fourth District determined that the order was not appealable as a final or non-final order and dismissed the appeal.

Interestingly, despite the lack of jurisdiction, the appellate court observed that the rules of civil procedure do not permit a case file to be closed simply for being dormant and directed the circuit court clerk to reopen the file.

A peculiar win.

Full post as published by Abstract Appeal on February 21, 2011 (boomark / email).

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