remanding clause (Illinois) · Go Syfert
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remanding clause in Illinois

12 Illinois opinions name it 2 courts 1949–2026 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Wilkey v. Illinois Racing Boardgreen
ill · 1983 · cited in 5 Illinois opinions naming this issue, 2001–2026
2 sentences

2009The finality of an order which remands an action to the agency turns on the substance of the instructions. “ ‘[I]f, upon remandment, the trial court has only to enter a judgment or decree in accordance with the directions of the reviewing court, or to conduct further proceedings on uncontroverted incidental matters, then, irrespective of the remanding clause in the judgment order, the judgment of the Appellate Court is final and reviewable.’ ” Wilkey v. Illinois Racing Board, 96 Ill. 2d 245, 249 (1983), quoting Cory Corp. v. Fitzgerald, 403 Ill. 409, 414 (1949).

2001The court stated: "'[I]f, upon remandment, the trial court has only to enter a judgment or decree in accordance with the directions of the reviewing court, or to conduct further proceedings on uncontroverted incidental matters, then, irrespective of the remanding clause in the judgment order, the judgment of the Appellate Court is final and reviewable.'" Wilkey , 96 Ill. 2d at 249 , quoting Cory Corp. v. Fitzgerald , 403 Ill. 409, 414 , 86 N.E.2d 363 (1949).

25
Cory Corp. v. Fitzgeraldgreen
ill · 1949 · cited in 5 Illinois opinions naming this issue, 1983–2009
2 sentences

2009The finality of an order which remands an action to the agency turns on the substance of the instructions. “ ‘[I]f, upon remandment, the trial court has only to enter a judgment or decree in accordance with the directions of the reviewing court, or to conduct further proceedings on uncontroverted incidental matters, then, irrespective of the remanding clause in the judgment order, the judgment of the Appellate Court is final and reviewable.’ ” Wilkey v. Illinois Racing Board, 96 Ill. 2d 245, 249 (1983), quoting Cory Corp. v. Fitzgerald, 403 Ill. 409, 414 (1949).

2001The court stated: "'[I]f, upon remandment, the trial court has only to enter a judgment or decree in accordance with the directions of the reviewing court, or to conduct further proceedings on uncontroverted incidental matters, then, irrespective of the remanding clause in the judgment order, the judgment of the Appellate Court is final and reviewable.'" Wilkey , 96 Ill. 2d at 249 , quoting Cory Corp. v. Fitzgerald , 403 Ill. 409, 414 , 86 N.E.2d 363 (1949).

25
Page v. City of Chicagogreen
illappct · 1998 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001The appellate court has thus stated that if "the court remands the cause [to the administrative agency] for a new hearing, the rights of the parties have not yet been fully and finally adjudicated." Lippert v. State Property Tax Appeal Board , 273 Ill. App. 3d 150, 153 , 652 N.E.2d 461, 463 (1995); accord Page v. City of Chicago , 299 Ill. App. 3d 450, 457 , 701 N.E.2d 218, 223 (1998).

2001The appellate court has thus stated that if "the court remands the cause [to the administrative agency] for a new hearing, the rights of the parties have not yet been fully and finally adjudicated." Lippert v. State Property Tax Appeal Board , 273 Ill. App. 3d 150, 153 , 652 N.E.2d 461, 463 (1995); accord Page v. City of Chicago , 299 Ill. App. 3d 450, 457 , 701 N.E.2d 218, 223 (1998).

22
Lippert v. STATE PROPERTY TAX APPEAL BD.green
illappct · 1995 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001The appellate court has thus stated that if "the court remands the cause [to the administrative agency] for a new hearing, the rights of the parties have not yet been fully and finally adjudicated." Lippert v. State Property Tax Appeal Board , 273 Ill. App. 3d 150, 153 , 652 N.E.2d 461, 463 (1995); accord Page v. City of Chicago , 299 Ill. App. 3d 450, 457 , 701 N.E.2d 218, 223 (1998).

2001The appellate court has thus stated that if "the court remands the cause [to the administrative agency] for a new hearing, the rights of the parties have not yet been fully and finally adjudicated." Lippert v. State Property Tax Appeal Board , 273 Ill. App. 3d 150, 153 , 652 N.E.2d 461, 463 (1995); accord Page v. City of Chicago , 299 Ill. App. 3d 450, 457 , 701 N.E.2d 218, 223 (1998).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Commonwealth Edison Co. v. Illinois Commerce Commission green
illappct · 2006
1 sentence

2012A judgment can “dispose of all of the controversy between the parties” (Commonwealth Edison, 368 Ill.

12012–2012
Pekin Insurance v. Benson green
illappct · 1999
1 sentence

2000In Pekin Insurance Co. v. Benson, 306 Ill.

12000–2000
Relph v. Board of Education of DePue Unit School District No. 103 green
ill · 1981
1 sentence

1983Scott v. Silverstein (1981), 87 Ill. 2d 167, 171 ; Relph v. Board of Education (1981), 84 Ill. 2d 436, 441 ; Deckard v. Joiner (1970), 44 Ill. 2d 412, 416-17 , cert. denied (1970), 400 U.S. 941 , 27 L.

11983–1983
Deckard v. Joiner green
ill · 1970
1 sentence

1983Scott v. Silverstein (1981), 87 Ill. 2d 167, 171 ; Relph v. Board of Education (1981), 84 Ill. 2d 436, 441 ; Deckard v. Joiner (1970), 44 Ill. 2d 412, 416-17 , cert. denied (1970), 400 U.S. 941 , 27 L.

11983–1983
Joiner v. Deckard green
scotus · 1970
1 sentence

1983Scott v. Silverstein (1981), 87 Ill. 2d 167, 171 ; Relph v. Board of Education (1981), 84 Ill. 2d 436, 441 ; Deckard v. Joiner (1970), 44 Ill. 2d 412, 416-17 , cert. denied (1970), 400 U.S. 941 , 27 L.

11983–1983
People Ex Rel. Scott v. Silverstein green
ill · 1981
1 sentence

1983Scott v. Silverstein (1981), 87 Ill. 2d 167, 171 ; Relph v. Board of Education (1981), 84 Ill. 2d 436, 441 ; Deckard v. Joiner (1970), 44 Ill. 2d 412, 416-17 , cert. denied (1970), 400 U.S. 941 , 27 L.

11983–1983
Moffat Coal Co. v. Industrial Commission green
ill · 1947
1 sentence

1969(Moffat Coal Co. v. Industrial Com., 397 Ill. 196, 200 .) The motion to dismiss the appeal in No. 41670 is granted.

11969–1969
Bowman v. Illinois Central Railroad green
ill · 1957
2 sentences

1962And since our decision in Bowman v. Illinois Central Railroad Co. 11 Ill.2d 186 , there can be no question but what the Appellate Court must strike the remanding order when the statutory affidavit is filed, and there can likewise be no doubt that this court has power in aid of its appellate jurisdiction to issue the appropriate extraordinary writ to bring the record before it.

1962And since our decision in Bowman v. Illinois Central Railroad Co. 11 Ill.2d 186 , there can be no question but what the Appellate Court must strike the remanding order when the statutory affidavit is filed, and there can likewise be no doubt that this court has power in aid of its appellate jurisdiction to issue the appropriate extraordinary writ to bring the record before it.

11962–1962
Morris v. Beatty neutral
ill · 1945
1 sentence

1949(Morris v. Beatty, 390 Ill. 568 ; Smith v. Bunge, 358 Ill. 229 .) On the other hand, where a cause is remanded for a new trial or other further proceedings involving disputed questions of law or fact, the judgment of the Appellate Court is not of a final character.

11949–1949
Smith v. Bunge neutral
ill · 1934
1 sentence

1949(Morris v. Beatty, 390 Ill. 568 ; Smith v. Bunge, 358 Ill. 229 .) On the other hand, where a cause is remanded for a new trial or other further proceedings involving disputed questions of law or fact, the judgment of the Appellate Court is not of a final character.

11949–1949

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