Issue: Under Illinois law, may a party challenge an issue on appeal that was not raised in the court below?
Area of Law:
Litigation Practice & Procedure, Litigation Practice and Procedure
; Jurisdiction; Appellate Jusrisdiction
376 Ill. 80
The court lacks jurisdiction to consider [any party’s] challenge of a ruling that does not appear in the record [prior to appeal]. Canel and Hale, Ltd. v. Tobin, 304 Ill. App. 3d 906, 921 (1999) (citing Goodrich v. Sprague, 376 Ill. 80, 86 (1941) (appellate court jurisdiction extends only to those matters in controversy which have been ruled upon by the trial court).
Bassman v. Gluck, 1-15-1235 (Ill. App. Dist. 1 02/05/2016).
Date: March 1, 2016 […]
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)