Final Judgement Being a Prerequisite to Appelatte Jurisdiction Is An Order Denying Summary Judgement Not a Final Judgement
In Arangold Corp. v. Zehnder, 187 Ill. 2d 341, 358, 718 N.E.2d 191, 240 Ill. Dec. 710 (1999), the supreme court explained that the reason for the general rule above is that a final judgment is generally a prerequisite to appellate jurisdiction and an order denying summary judgment is not a final judgment. Arangold, 187 Ill. 2d at 357.
The Court recognized that in situations involving opposing motions for summary judgment on the same claim, where one party's motion has been granted and the other's has been denied, it is proper for an appellate court to review the denial of a summary judgment motion in conjunction with review of a final judgment. Arangold, 187 Ill. 2d at 358.
In these situations, the court reasoned that the resulting order is final and appealable because it entirely disposes of the litigation. Arangold, 187 Ill. 2d at 358.
However, the court was careful to point out that this exception to the general rule does not apply in cases where a party seeks review of a denial of summary judgment in conjunction with review of a final judgment on a separate claim. Arangold, 187 Ill. 2d at 358.