Summary
In Stoller Lumber Co. v. Cosmopolitan Nat. Bank (1968), 101 Ill. App.2d 431 the court said: "Section 50(5) of the Civil Practice Act provides that the court may on motion filed within thirty days after entry thereof, set aside any final order, judgment or decree upon any terms and conditions that shall be reasonable. There is no appeal from an order entered pursuant to this section.
Summary of this case from Dorbin v. Yellow Cab Co.Opinion
Gen. No. 53,060.
October 29, 1968.
Appeal from the Circuit Court of Cook County; the Hon. JAMES L. HENRY, Judge, presiding. Appeal dismissed.
Stanley Stoller, of Chicago, for appellant.
No brief filed for appellees.
A final decree to enforce a mechanic's lien claim was entered on January 29, 1968. On February 9, 1968, the decree was vacated. Plaintiff, appealing, asks that the order vacating the decree be reversed and that the decree be reinstated.
Section 50(5) of the Civil Practice Act provides that the court may on motion filed within thirty days after entry thereof, set aside any final order, judgment or decree upon any terms and conditions that shall be reasonable. There is no appeal from an order entered pursuant to this section. See City of Park Ridge v. Murphy, 258 Ill. 365, 101 N.E. 524; Natale v. Enterprise Pub. Co., 82 Ill. App.2d 105, 227 N.E.2d 84, and Tinkoff v. Wharton, 344 Ill. App. 40, 99 N.E.2d 915. The order vacating the decree, entered within thirty days from the entry of the decree, was interlocutory and not appealable. Therefore the appeal is dismissed.
Appeal dismissed.
McNAMARA and LYONS, JJ., concur.