holding that an order disposing of some, but not all, claims might - 22 - be final, but it would be appealable only with an appropriate finding under Illinois Supreme Court Rule 304(a) (eff. Jan. 1, 1970)
How later courts described this case
- holding that an order disposing of some, but not all, claims might - 22 - be final, but it would be appealable only with an appropriate finding under Illinois Supreme Court Rule 304(a) (eff. Jan. 1, 1970)
Written by the judges who cited it.
The opinion
MR. JUSTICE WARD, specially concurring:
In this case the trial court granted the petition for dissolution of marriage but reserved for future action ancillary questions of maintenance and property division. Under the decisions in Ariola v. Nigro (1958), 13 Ill. 2d 200 , and Davis v. Childers (1965), 33 Ill. 2d 297 , these deferred issues did not constitute separate “claims” within the meaning of Rule 304(a) (73 Ill. 2d R. 304(a)). The action involved but one claim, namely, the petition for a dissolution of marriage, and Rule 304(a) is thus not applicable. The cases just cited also hold that a judgment not disposing of an entire claim is not final but merely interlocutory. Thus in Davis a judgment in favor of a single plaintiff on the issue of liability but deferring the issue of damages for later determination was held not to be a final judgment. See 33 Ill. 2d at 299 ; Ill. Ann. Stat., ch. 110A, par. 304, Historical and Practice Notes to Rule 304, at 587-88 (Smith-Hurd 1968).
Since the present appeal does not qualify under any of our rules providing for interlocutory appeals, I agree that the judgment of the appellate court must be affirmed.