ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> Illinois Appellate Lawyer Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: Illinois Appellate Lawyer Blog

Slightly Defective Certificate Of Service Does Not Deprive Illinois Appellate Court Of Jurisdiction

By Steven R. Merican

ADVERTISEMENTS

In an insurance coverage dispute, Illinois Farmers moved to dismiss Secura Insurance?s appeal for lack of jurisdiction. Farmers argued that Secura?s Notice of Appeal, mailed to the court the 30th day after the judgment, was deficient because the certificate of service did not state the time of mailing, a requirement of Illinois Supreme Court Rule 12(b)(3). Farmers argued that Secura?s failure to strictly comply with the Supreme Court?s rules doomed the Notice of Filing, thus depriving the appellate court of jurisdiction.

The Second District Illinois Appellate Court rejected Farmers? position and ruled that jurisdiction was proper. The court ruled that the failure to state the time of service was a very slight defect that did not interfere with or preclude review. Adding ?the fact that Farmers does not allege prejudice, we conclude that the defect here amounts to harmless error.?

Get the whole case, Secura Ins. Co. v. Illinois Farmers Ins. Co., No. 2-06-0614 (11/7/07), by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on January 29, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Blog Posts
Search Blog Directory:

Search Blog Directory:

Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.8798 secs (new cache)