Can Only Those Portions of a Trial Court's Order That Granted Summary Judgement Be Reviewed Which Are Listed In Notice of Appeal ?
In Alpha Gamma Rho Alumni v. People ex rel. Boylan, 322 Ill. App. 3d 310, 313, 750 N.E.2d 282, 255 Ill. Dec. 701 (2001), the plaintiffs filed objections to certain real estate tax levies, against several units of local government in McLean County. Alpha Gamma, 322 Ill. App. 3d at 311-12.
After the defendants won their motions for summary judgment, the plaintiffs filed a notice of appeal that stated that they were appealing from portions of the final order. Alpha Gamma, 322 Ill. App. 3d at 312.
Certain defendants objected to the scope of the appellate court's review because the plaintiffs failed to perfect an appeal of any issue involving them and they would be prejudiced if forced to respond. Alpha Gamma, 322 Ill. App. 3d at 313.
The appellate court agreed that it did not have jurisdiction to reverse and remand the "entire case" as the plaintiffs requested, because the plaintiffs' notice of appeal specified that they were appealing from the trial court's order that granted summary judgment in favor of the " 'following taxing districts on the issue of illegal accumulation of surplus funds.' "Alpha Gamma, 322 Ill. App. 3d at 314.
Because the plaintiffs had indicated in their notice of appeal that they were appealing summary judgment as to only six of the several taxing districts, the notice did not fairly and accurately advise the remaining defendants that they sought relief against all 73 of them. Alpha Gamma, 322 Ill. App. 3d at 314.
The court could not infer such intent from the notice of appeal even when liberally construed. Alpha Gamma, 322 Ill. App. 3d at 314.
Therefore, the appellate court would review only the portion of the trial court's order that granted summary judgment as to the six taxing district defendants listed in the plaintiffs' notice of appeal. Alpha Gamma, 322 Ill. App. 3d at 314.