Breaker Press and Janice Dalton, sued to find out who was responsible for sending smear mailings to hurt the campaign of McHenry County Clerk candidate Joe Tirio, filed an appeal with the 2nd Appellate Court to prevent Associate Judge Kevin Costello from lowering the hammer in a contempt of court ruling.
Today the following ruling came down denying the appeal on McHenry County Circuit Court case number 18MR302:
The court has this day, December 20, 2018, entered the following order in the above entitled case:
Appellants’ emergency motion for expedited ruling is denied. Due to the petition for a rule to show cause pending in the trial court, this court currently lacks jurisdiction to rule on the motion to stay. In re Marriage of Gutman, 232 Ill. 2d 145, 156 (2008).
Therefore, on the court’s own motion, this cause is remanded to the trial court for the limited purposes of resolving petitioner’s petition for rule to show cause filed December 13, 2018, or securing a rule 304(a) finding on the order finally resolving the Rule 224 proceeding, entered on November 29, 2018. See Ill. S. Ct. R. 304(a)(eff. Feb 26, 2010).
Upon completion of either task, the appellant is ordered to supplement the record on appeal with the trial court’s order and other relevant documents.
This matter should take priority among counsel and the trial court.
This court contemplates compliance with this order within 30 days of the date of this order, and this court will retain jurisdiction over this case pending compliance.
See Ill. S. Ct. R. 303(a)(2) (premature notice of appeal becomes effective when remaining matters pending in the trial court are resolved).