Kazubowski v. Kazubowski

Betty Dolar Kazubowski, Appellee, vs. Edward J. Kazubowski, Appellant

Kazubowski v. Kazubowski, 270 N.E.2d 845 (Ill. 1971)

Court: Illinois Supreme Court · State Highest Courts
Decided: May 21, 1971
Docket: No. 43081
Judges: Greg J. Young
Citations: 270 N.E.2d 84548 Ill. 2d 4011971 Ill. LEXIS 422

Cited by 4

Opinion — Goldeni

Mr. Justice Goldeni-iersh delivered the opinion of the court:

" Defendant appeals from an order of default entered by the circuit court of Henry County upon defendant’s failure to plead to plaintiff’s petition to foreclose a lien created under the terms of a decree of divorce. Both this court and the appellate court have previously considered other issues arising from this litigation. Kazubowski v. Kazubowski, 45 Ill.2d 405 ; Kazubowski v. Kazubowski, 93 Ill. App. 2d 126 .

The' order of default provides “* * * it was ordered that the defendant Edward J. Kazubowski answer plaintiff’s petition to foreclose on or before December 10, 1969 and he haying failed to file or otherwise make appearance herein in the petition to foreclose, said defendant, Edward J. Kazubowski is adjudged in default, and “IT IS ORDERED that the complaint to foreclose herein be taken as confessed against said defendant Edward J. Kazubowski.”

An order of default does not dispose of the merits of the case and determine the rights of the parties. It is not, therefore, a final judgment. (Hess v. People ex rel. Miller, 84 Ill. 247 .) There was no effort to comply with Supreme Court Rule 304(a) (43 Ill.2d R. 304) so we do not decide whether such compliance can serve to make the order appeal-able.

The briefs raise and discuss other questions, many of which were decided in the prior appeals. The record presents no final appealable order reviewable at this time and the appeal is dismissed.

Appeal dismissed.

Mr. Justice Ward took no part in the consideration or decision of this case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

In re Marriage of Kopec436 N.E.2d 684 (Ill. App. Ct. 1982)
Windolf v. Village of Oquawka331 N.E.2d 14 (Ill. App. Ct. 1975)
Burton v. Autumn Grain Transport, Inc.584 N.E.2d 377 (Ill. App. Ct. 1991)
Alderson v. Berol Products Division, Berol Corp.347 N.E.2d 213 (Ill. App. Ct. 1976)

Most recent

Burton v. Autumn Grain Transport, Inc.584 N.E.2d 377 (Ill. App. Ct. 1991)
In re Marriage of Kopec436 N.E.2d 684 (Ill. App. Ct. 1982)
Alderson v. Berol Products Division, Berol Corp.347 N.E.2d 213 (Ill. App. Ct. 1976)
Windolf v. Village of Oquawka331 N.E.2d 14 (Ill. App. Ct. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Kazubowski v. Kazubowski, 259 N.E.2d 282 (Ill. 1970)	91
	Kazubowski v. Kazubowski, 235 N.E.2d 664 (Ill. App. Ct. 1968)	27
	Hess v. People ex rel. Miller, 84 Ill. 247 (1876)	8

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