Danaher v. Knightsbridge Co. , 56 Ill. App. 3d 977 ( 1978 )

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

Mr. JUSTICE McGLOON

delivered the opinion of the court:

Subsequent to the filing of this opinion,, plaintiffs-appellants filed a petition for rehearing. They alleged that the January 4, 1977 order granting Bibo’s petition for relief from judgment pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72), did not become a final appealable order until January 20, 1977, when Bibo’s motion to dismiss was granted. Accordingly, they concluded that since they filed their appeal within 30 days of the January 20, 1977, order, the court had jurisdiction to consider the propriety of the January 4, 1977, order vacating the default judgment.

We disagree. Plaintiffs-appellants have misconstrued the nature of a section 72 motion. An order denying or granting relief prayed for in a petition to vacate a default judgment is final and appealable. (See Supreme Court Rule 304(b)(3) (Ill. Rev. Stat. 1975, ch. 110A, par. 304(b)(3); Goldstick v. Saporito (1974), 22 Ill. App. 3d 621, 317 N.E.2d 774; Trisko v. Vignola Furniture Co. (1973), 12 Ill. App. 3d 1030, 299 N.E.2d 421.) As such, Supreme Court Rule 303 (Ill. Rev. Stat. 1975, ch. 110A, par. 303) requires that notice of appeal be filed within 30 days after entry of said order. Failure to file within 30 days deprives this court of jurisdiction over the matter. In Grissom v. Buckley-Loda Community Unit School District No. 8 (1973), 11 Ill. App. 3d 55, 296 N.E.2d 624, we held that the appellate court lacked jurisdiction over an appeal that was filed 32 days after the judgment became final and appealable. (See also Behnami v. Martin Grinding and Machine Works, Inc. (1972), 4 Ill. App. 3d 171, 280 N.E.2d 481.) Consequently because more than 30 days elapsed before plaintiffs-appellants filed their appeal from the January 4, 1977, order vacating the default judgment, we are without jurisdiction to consider it.

GOLDBERG, P. J., and O’CONNOR, J., concur.