(Download) "Mitrenga v. Martin" by Illinois Appellate Court — First District (4Th Division) Appeal Dismissed ~ Book PDF Kindle ePub Free
eBook details
- Title: Mitrenga v. Martin
- Author : Illinois Appellate Court — First District (4Th Division) Appeal Dismissed
- Release Date : January 02, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Jerome Mitrenga, a police officer, was discharged by the Board of Fire and Police Commissioners of the village of Lincolnwood (the Board), after being charged with departmental rule violations. Following a hearing during which findings of fact were adopted by the Board, Mitrenga appealed to the circuit court pursuant to section 3-104 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 3-104). The circuit court sustained the charges against Mitrenga and found that the Board's findings of fact were supported by the manifest weight of the evidence. However, the court remanded the case to the Board solely on the discharge issue, ordering the Board to consider an alternative sanction to that of discharge. (See Ill. Rev. Stat. 1981, ch. 110, par. 3-111(a)(6).) In addition the circuit court found no just reason to delay enforcement or appeal of its order. (See 87 Ill.2d R. 304(a).) Rather than considering an alternative sanction, the Board appealed the circuit court's determination directly to this court. We believe the order is not a final order and dismiss this appeal. • 1, 2 In order to have a final and appealable order, the judgment must terminate the litigation between the parties on the merits so that if affirmed, the trial court need only execute judgment. (Coble v. Chicago Health Club, Inc. (1977), 53 Ill. App.3d 1019, 369 N.E.2d 188.) A non-final order may not be the subject of an interlocutory appeal unless specifically authorized by supreme court rule. (Felton v. Shead (1972), 6 Ill. App.3d 123, 285 N.E.2d 162; see also 87 Ill.2d Rules 301, 307.) Further, the circuit court in the instant case found no just reason to delay enforcement or appeal of its order. It is well settled in Illinois that this language alone cannot make a non-final order final and consequently appealable. Gutenkauf v. Gutenkauf (1979), 69 Ill. App.3d 871, 387 N.E.2d 918; Coble v. Chicago Health Club, Inc. (1977), 53 Ill. App.3d 1019, 369 N.E.2d 188.