· 6/27/2005
Kyles v. Maryville Academy
Citations
- 834 N.E.2d 441
- 359 Ill. App. 3d 423
- 295 Ill. Dec. 860
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when a lower court enters an order without jurisdiction, the reviewing court cannot reach the substance of the appeal
- “it would be impractical to require a circuit court in reviewing a summary judgment motion to be omnisciently aware of a municipal ordinance without the assistance of its proponent”
- the appellate court was limited to considering the question of the trial court's jurisdiction due to the trial court's lack of jurisdiction to consider the plaintiffs' motion to file an amended complaint
- the appellate court was limited to considering the question of the trial court’s jurisdiction due to the trial court’s lack of jurisdiction to consider the plaintiffs’ motion to file an amended complaint
- Although the trial court must take judicial notice of statutes and ordinances, it would be overly burdensome to require courts to be aware of any law that is not brought to its attention
- “[t]he lack of jurisdiction in the circuit court, in turn, affects our own jurisdiction in that we are then limited to considering only the lack of jurisdiction below, and we may not consider the substantive merit of the circuit court’s unauthorized actions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gordon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.