The Challenge of Appealing Partial Dismissals in Illinois
What happens when a court dismisses some counts of a multi-count complaint? Even if it is dismissed with prejudice, the trial court has the jurisdiction to change its mind up through the final date of the trial, and in some cases even later pursuant to a motion to conform the pleadings to the proofs. For the winning party—the party who won dismissal—the ability of the trial court to change its mind presents the risk that an issue he or she thought was decided can in the future be resurrected.
For the losing party, the risk is that the absence of the theory dismissed cripples the ability to win the trial. Yet, generally, the rules forbid appeals of less than all the issues. You have to wait until the end to appeal a dismissal that may have occurred two years before the trial took place.
The Exception: Understanding Illinois Supreme Court Rule 304(a)
One exception to the rule of finality is Supreme Court Rule 304(a), which states:
“If multiple parties or multiple claims for relief are involved in an action, an appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying either enforcement or appeal or both. Sattuch a finding may be made at the time of the entry of the judgment or thereafter on the court’s own motion or on motion of any party. The time for filing a notice of appeal shall be as provided in rule 303. In computing the time provided in Rule 303 for filing the notice of appeal, the entry of the required finding shall be treated as the date of the entry of final judgment. In the absence of such finding, any judgment that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not enforceable or appealable and is subject to revision at any time before the entry of a judgnent adjudicating all the claims, rights, and liabilities of all the aprties.”
Judicial Discretion: A Recent Case Study
The appellate court does not have to accept the trial court’s certification, however. In Scully v. Altathera Pharmaceuticals LLC, 2025 IL App (1st) 242078-U, the appellate court declined to hear an appeal from the dismissal of complaint counts alleging claims of breach of contract and the Wage Act because claims alleging a different theory (quantum meruit) remained pending. The remaining claims shared the same operative facts and requested the same relief. Therefore, said the appellate court, the dismissal of the Wage Act and contract counts would not be reviewed until the end of the trial.
Key Takeaways for Your Appeal Strategy
This case is a reminder, if one were needed, to carefully analyze whether the rule applies before seeking an appeal.
For a copy of this decision or to consult about a potential appeal, get in touch with Tom Patterson at tpatterson@pattersonlawfirm.com.
Frequently Asked Questions about Rule 304(a)
Rule 304(a) is a procedural rule in Illinois that creates an exception to the "final judgment" rule. It allows a party to appeal a court's final decision on one or more claims in a multi-claim lawsuit, even while other claims are still pending, provided the trial court makes an express written finding that there is no just reason to delay the appeal.
Generally, no. You must typically wait until the entire case is resolved. However, under Rule 304(a), you can request the trial court to issue a special finding that allows for an immediate appeal. Even with this finding, the appellate court has the discretion to refuse the appeal if it believes the claims are too interconnected.
An appellate court may reject an appeal to avoid piecemeal litigation. As seen in Scully v. Altathera Pharmaceuticals, if the dismissed claims share the same operative facts and legal issues as the remaining claims, the court will likely prefer to hear all appeals at once after the trial concludes to ensure judicial efficiency.
