You can appeal the dismissal. To be successful, however, you will need to present a well supported lgal argument establishing that the trial judge violated the law when he dismissed the case. You will need an experienced attorney to have a chance of doing this. If you are unable to establish that the judge made a mistake of law, you will lose the appeal.
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30 days to appeal. That's it. You can look into whether there's a 1401 motion possible, but that's not a do it yourself proposition. And, rarely granted. Sorry, if you think you have a shot, you'll need to talk to an attorney.
Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice.
You move forward by having it reversed on appeal and since that can be technical a lawyer would be most helpful
Are you asking whether because the dismissal order is "with prejudice" that means that you cannot appeal? No, it does not mean that. It means that the dismissal of your case by the trial court is final and you cannot come back to the trial court, amend your pleading, and try again. But precisely because there is now a final judgment, the dismissal can be appealed to a higher court.
Remember that in Illinois a notice of appeal is to be filed not less than thirty days after judgment.
I have to caution you strongly against attempting to litigate an appeal pro se.
As everyone else has stated, a dismissal with prejudice is a final judgment that may be appealed as a matter of right to the district court of appeals. A notice of appeal must be filed within 30 days of the order. The notice of appeal must conform with Illinois Supreme Court Rule 304. Shortly thereafter, you will need to file a docketing statement and prepare the record for the appeal.
It is highly recommended that you retain an attorney to handle your appeal, even if you intend to continue pro se if the dismissal is reversed and sent back to the trial court for further proceedings. Appellate litigation operates under entirely different rules that even lawyers unfamiliar with the appellate process can struggle with. Also, depending on the appellate district in which your case will be heard, you are unlikely to get the opportunity to argue your case, making it essential that your briefs clearly and effectively convey your position.
That being said, if you decide to proceed pro se, the Appellate Lawyers Association has an excellent guide that can walk you through the process, which you can find for free online.
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