Legal Memorandum: Appellate Jurisdiction on issues raised after initial ruling

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
Keywords: ; Jurisdiction; Appellate Jusrisdiction
Jurisdiction: Illinois
Cited Cases: 376 Ill. 80
Cited Statutes: None
Date: 03/01/2016

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