No circuit court jurisdiction after reversal without remand

A condominium association sued a condominium unit owner for unpaid assessments and other charges including attorneys’ fees and costs. It also alleged that it was entitled to possession of the resident’s condo unit. After obtaining alternate service on the defendant, the association took a default judgment. The defendant then filed a motion to quash service and vacate the judgment. The trial court denied the motion and the defendant appealed. The Second District Appellate Court reversed the order denying the motion to quash service and vacated the default judgment but did not remand the case to the trial court.

About a month later, the defendant filed a motion in the trial court for turnover of possession of the unit and an award of rent, attorneys’ fees, and costs. Before that motion was heard, the association filed a motion to set its forcible entry and detainer action for trial. The trial court declined to hear either motion, finding that, because the appellate court had not remanded the matter to the trial court, the trial court lacked jurisdiction.

On a second appeal to the Second District, the appellate court. Under Illinois Supreme Court Rule 369(b), when a reviewing court dismisses the appeal or affirms the judgment and the mandate is filed in the circuit court, the trial court’s judgment may be enforced and other proceedings may be had as if no appeal had been taken. However, when the appellate court reverses the trial court judgment without remanding, the trial court is not revested with jurisdiction over the case.

Glens of Hanover Condominium Association v. Carbide, 2014 IL App (2d) 130432.