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MITCHELL v. FIAT-ALLIS, INC.

No. 74463.

632 N.E.2d 1010 (1994)

158 Ill.2d 143

198 Ill.Dec. 399

Frank A. MITCHELL, Appellee, v. FIAT-ALLIS, INC., Appellant.

Supreme Court of Illinois.

February 3, 1994.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen (Karen L. Kendall and Bradley S. McMillan, Peoria, and Gary L. Borah, Springfield, of counsel), for appellant.

Katz, Friedman, Schur & Eagle, Chicago (Harold A. Katz and David C. Zimmerman, of counsel), for appellee.

Anthony G. Karamuzis, of J. Richard Hisaw & Associates, Ltd., Chicago, for amicus curiae Illinois Trial Lawyers Association.

Justice McMORROW delivered the opinion of the court:

We are asked to determine whether the appellate court erred in taking jurisdiction over this worker's compensation appeal, where the claimant's attorney did not file a notice of appeal in conformance with Supreme Court Rule 303 but instead followed the circuit court's direction to file, in the circuit court, a motion to vacate the judgment order more than 30 days after the entry of that order. Because we are unable...

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