Daley v. License Appeal Comm'n

Daley v. License Appeal Comm'n, 311 Ill. App. 3d 194, 200, 724 N.E.2d 214, 243 Ill. Dec. 905 (1999), holds that "where the circuit court has the power to remand an agency decision, jurisdiction remains with the circuit court until final disposition of the matter and only then does this court have jurisdiction." Daley, 311 Ill. App. 3d at 200, citing Brooks v. Board of Fire & Police Commissioners, 181 Ill. App. 3d 714, 715, 537 N.E.2d 444, 130 Ill. Dec. 377 (1989). "More specifically, an order remanding a cause to an agency to impose a sanction is not final and appealable because it does not terminate the litigation between the parties on the merits." Daley, 311 Ill. App. 3d at 200, citing Johnson v. Department of Corrections, 187 Ill. App. 3d 804, 809, 543 N.E.2d 847, 135 Ill. Dec. 279 (1989). "'Only after the circuit court reviews the results of the agency's additional proceedings upon remand, and enters a subsequent order thereon, is the litigation between the parties terminated.'" Daley, 311 Ill. App. 3d at 200, quoting Johnson, 187 Ill. App. 3d at 809.