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Stay denial is appealable, dismissal denial is not

May 25, 2012 by in General

The defendants moved, pursuant to 735 ILCS 5/2-619(a)(3), to dismiss the plaintiff’s claim or, in the alternative, to stay proceedings, alleging that there was another cause of action pending between the parties for the same cause. The trial court denied the motion in both respects. The defendants filed an interlocutory appeal pursuant to Illinois Supreme Court Rule 307.

Rule 307 allows an interlocutory appeal as of right in specified instances. Among those is an order “granting, modifying, refusing, dissolving, or refusing to dissolve or modify an injunction[.]” Because a stay is considered an injunction for purposes of appellate jurisdiction, the appellate court had jurisdiction under Rule 307 to hear the portion of the trial court’s order denying the injunction.

However, there was no jurisdictional basis for the appellate court to review the denial of a motion to dismiss, even one brought along with a motion to stay. Accordingly, the court could consider only whether the trial court erred in denying the motion for stay and not whether the court erred in denying the motion to dismiss.

Van Der Hooning v. Board of Trustees of the University of Illinois, 2012 IL App (1st) 111531.

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