Illinois Supreme Court Rule 303 (A) (1) Interpretation
Supreme Court Rule 303 (a) (1) states:
"The notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from, or, if a timely posttrial motion directed against the judgment is filed within 30 days after the entry of the order disposing of the last pending postjudgment motion." (Emphases added.) Official Reports Advance Sheet No. 8 (April 11, 2007), R. 303(a)(1), eff. May 1, 2007.
In First Bank v. Phillips, 379 Ill. App. 3d 186, 188, 882 N.E.2d 1265, 1267, 318 Ill. Dec. 142 (2008), the plaintiff moved to dismiss the appeal as untimely under Rule 303(a)(1) because the defendant's notice of appeal was not filed in the trial court until more than 30 days after the entry of judgment. First Bank, 379 Ill. App. 3d at 187, 882 N.E.2d at 1267.
The defendant argued the Second District had jurisdiction because the notice of appeal was timely filed, albeit in the wrong court. First Bank, 379 Ill. App. 3d at 187, 882 N.E.2d at 1267.
Rule 365 did not apply where the defendant appealed to the correct appellate district but failed to file his notice of appeal in the trial court on time.