Interpreting Illinois Supreme Court Rule 369(b) (eff. July 1, 1982), the Illinois Appellate Court, First District, ruled that, post appeal, a trial court has jurisdiction over a case where the trial court’s ruling is affirmed in part, even if the reviewing court did not remand the case. The holding clarifies that an express remand is not necessary to revest jurisdiction in the trial court when a reviewing court affirms, even in part.
In POM 1250 N. Milwaukee, LLC, v. F.C.S.C., Inc., 2014 IL App (1st) 132098, the plaintiff POM appealed an attorney fees award, in which the trial court ordered it to pay the defendant FCSC more than $54,000 in attorney fees. FCSC cross-appealed, claiming that the trial court had erred in denying its request for sanctions pursuant to Rule 137 (eff. Feb. 1, 1994). During the pendency of that appeal, POM did not seek a stay of enforcement. While the appeal was pending, POM obeyed a turnover order that FCSC obtained during enforcement proceedings before the trial court and paid FCSC in excess of $50,000. The reviewing court reversed FCSC's fee award and affirmed the trial court's decision not to impose Rule 137 sanctions. The reviewing court’s order did not include a remand.
Thereafter, POM returned to the trial court, which, upon POM’s request, ordered FCSC to return the money POM had paid pursuant to the prior turnover order. FCSC refused, arguing that the trial court did not have jurisdiction to order it to return the money because the reviewing court did not expressly remand the case, which was necessary to revest jurisdiction in the trial court. FCSC appealed after the trial court denied its motion to reconsider.
FCSC lost the second appeal based upon the appellate court's review of Rule 369(b) and relevant case law. Rule 369(b) provides: "When the reviewing court dismisses the appeal or affirms the judgment and the mandate is filed in the [trial] court, enforcement of the judgment may be had and other proceedings may be conducted as if no appeal had been taken."
The appellate court held that, when it affirms all or part of a trial court's judgment, the reviewing court need not expressly order a remand for the trial court to take action. Rule 369(b) allows the trial court to enforce the judgment and conduct other proceedings as if no appeal had been taken. As the court in POM explained, "[b]y affirming in part, the [reviewing] court necessarily revested the trial court with jurisdiction over the case and permitted the court to conduct 'other proceedings,' namely POM's post[-]appeal motion for a reverse turnover order." Thus, in an odd procedural twist, it was FCSC's decision to cross-appeal the trial court's decision not to impose Rule 137 sanctions, which the appellate court affirmed after reversing the trial court's fee award, that revested jurisdiction in the trial court without an express remand.
The appellate court rejected FCSC’s other argument, that the doctrine of res judicata barred the trial court from challenging the turnover order, which POM did not appeal. The court in POM reasoned that the parties were involved in the same proceeding after the first appeal, so, in the absence of a subsequent proceeding, res judicata did not apply.
Recommended Citation: Karen Kies DeGrand, Pursuant to Rule 369(b), Express Remand Not Necessary When Reviewing Court Affirms in Part,The Brief, (June 25, 2014), http://applawyers-thebrief.blogspot.com/2014/06/pursuant-to-rule-369b-express-remand.html
