Supreme Court Summaries

Opinions filed December 28, 2012




EMC Mortgage Corp. v. Kemp, 2012 IL 113419

Appellate citation: 2011 IL App (2d) 101175-U.


      JUSTICE FREEMAN delivered the judgment of the court, with opinion.

      Chief Justice Kilbride and Justices Thomas, Garman, Burke, and Theis concurred in the judgment and opinion.

      Justice Karmeier dissented, with opinion.


      This Du Page County dispute concerns appellate jurisdiction over circuit court orders entered during the pendency of a mortgage foreclosure action. In 2005, a mortgage was entered into as to property in Naperville. The loan was eventually sold to EMC, the appellee here, which obtained a judgment of foreclosure in 2009.

      Appellant debtor’s request to have the 2009 foreclosure judgment vacated was denied, as was her subsequent motion to reconsider that denial. To both of these adverse orders, Supreme Court Rule 304(a) language was added, and the debtor appealed. The appellate court, however, dismissed for lack of jurisdiction. In this decision, the Illinois Supreme Court agreed and affirmed.

      In explaining its decision, the supreme court said that, although a foreclosure judgment is final as to what it adjudicates, it is not appealable until entry of an order approving the sale and directing distribution.

      The orders to which the circuit court added Rule 304(a) language were not themselves final for purposes of appeal. There is no supreme court rule permitting appeal of the nonfinal orders at issue here, and Rule 304(a) cannot confer appellate jurisdiction where none exists.

      Because appellate jurisdiction was lacking, the appeal was properly dismissed.