Judge erred in permitting immediate appeal

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 2, 2021 11:37 AM

In a case about a murky real estate deal, National Rifle and Pistol Academy sued EFN Brookshire for a declaratory judgment (Count 1), specific performance (Count 2) and damages as an alternative to specific performance (Count 3). A DuPage County judge tossed Count 2 and issued a special finding, under Illinois Supreme Court Rule 304(a), to authorize an immediate appeal by National Rifle while Counts 1 and 3 remained pending. But the Illinois Appellate Court — reviewing the factors that justify a Rule 304(a) finding “that …

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