What Is the Deadline for Filing a Petition for Leave to Appeal ?
In Kemner v. Monsanto Co., 112 Ill. 2d 223, 238-40, 492 N.E.2d 1327, 97 Ill. Dec. 454 (1986), the appellate court dismissed the defendant's appeal for lack of jurisdiction, concluding that the petition for leave to appeal was untimely. Kemner, 112 Ill. 2d at 236.
Relying on reasoning in Leet v. Louisville & Nashville R.R. Co., 131 Ill. App. 3d 763, 475 N.E.2d 1340, 86 Ill. Dec. 773 (1985), the appellate court reasoned that the 30-day period within which to file a petition for leave to appeal from an order denying a motion to dismiss on forum non conveniens grounds may not be tolled by filing a motion to reconsider that order. Kemner, 112 Ill. 2d at 236.
Appealing to the supreme court, the defendant urged that the appellate court erred by relying on Leet because the defendant's contention was not that its motion to reconsider extended the 30-day jurisdictional period within which to appeal from the denial of its motion to dismiss. Kemner, 112 Ill. 2d at 237.
Instead, the defendant in Kemner argued that its motion to reconsider "was in the nature of a new original motion to dismiss" presenting new factual information and new authorities, which were unavailable at the time the prior motions were filed. Kemner, 112 Ill. 2d at 238.
The defendant in Kemner argued that since its petition for leave to appeal from the order denying its motion to reconsider was timely filed, the appellate court did have jurisdiction over its petition and erred in dismissing its appeal. Kemner, 112 Ill. 2d at 238.