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Does a Summary Judgment have to be on the record? What if there's no proof other than a confirmation.

Melrose Park, IL |

What makes a Summary Judgment valid? Doesn't the court and its agents (lawyers, judges, the Clerk's Office, etc.) have to give all parties notice?

Attorney Answers 2

Posted

A motion for summary judgment requires notice and must follow procedure. Record of its filing should be in the docket sheet or whatever record each clerk keeps. An Order for Summary Judgment must be in writing and of record. It will also be in the court minutes or other record. Are you asking about the motion or an Order for SJ?

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Asker

Posted

An Order, but it does not exist in the docket search. Yet, the Judge still confirmed the foreclosure sale. I was left in the dark about the Judgment.

Judy A. Goldstein

Judy A. Goldstein

Posted

If there is not yet a judgment of record, there is nothing for you to appeal. Furthermore, if there is no judgment of record, there is nothing to stay.

Asker

Posted

Hhmm? Then why would the Judge give a final order approving the sale? Is it necessary for me to successfully attack the judgment first?

Posted

Summary judgement requires notice of filing and presentment. It does not require a hearing because in order to be granted there must be a finding og no issue of material fact and the movant is entitled to judgement as a matter of law. The judge enters an order with his findings in writing. An appeal of which is denovo. Meaning that the appealate court reviews it anew and do not give deference to the lower court. In other words you get a fresh look by three judges above the one below. I hopevthis helps. Get an attorney appeals are limited in time. If you are late you lose your right

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Posted

I filed an appeal, but I want to prevent my opponent from collecting on an unjust debt. I only have 2 weeks to stay in my home, and can't afford an appeal bond. If there's no proof of the judgment, can I motion for the Appellate Court to void it?

Ronald Lee Bell

Ronald Lee Bell

Posted

If judgement had not been entered yet you can't appeal it until it is entered

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