Huber v. American Accounting Association

Summary

The Illinois Supreme Court affirmed dismissal of an appeal for lack of jurisdiction because the appellant’s notice of appeal was received after the 30-day deadline and was not supported by the attorney certificate or nonattorney affidavit required to establish timely mailing. The court held that an Automated Postal Center postage label showing only a date of sale did not establish the date the notice was mailed.

Holdings

1. A notice of appeal received after the 30-day deadline may be deemed timely if it was mailed on or before the deadline, but timely mailing must be proven as required by Illinois Supreme Court Rules 373 and 12(b)(3).
2. An Automated Postal Center postage label showing a date of sale does not establish the date on which a notice of appeal was placed in the mail and accepted into postal custody.
3. Because timely filing of a notice of appeal is jurisdictional, the appellate court must dismiss an appeal when the notice is not timely filed.

Questions Presented

1. Whether a notice of appeal received after the 30-day filing deadline may be deemed timely based on the mailing date.
2. Whether an Automated Postal Center postage label showing only a date of sale establishes timely mailing under Illinois Supreme Court Rules 373 and 12(b)(3).
3. Whether the absence of the required attorney certificate or nonattorney affidavit deprived the appellate court of jurisdiction.

Disposition

affirmed