Constructive trust appeal dismissed for lack of jurisdiction

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 25, 2022 11:28 AM

Ordered to hold assets under a constructive trust, Stevard LLC used Illinois Supreme Court Rule 307(a)(1) to pursue an immediate appeal while other claims remained pending.But the Illinois Appellate Court — distinguishing a 2008 case — dismissed the appeal for lack of jurisdiction.Rule 307 (Interlocutory Appeals as of Right) permits an immediate appeal from an order “granting, modifying, refusing, dissolving, or refusing to dissolve or modify an injunction.” SCR 307(a)(1).This only applies to …

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