In re Marriage of Capitani

              No. 2--05--0381 filed:
11/2/06
__________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
_____________________________________________________________________
In re MARRIAGE OF ) Appeal from the Circuit Court
DINO A. CAPITANI, ) of Kane County.
)
Petitioner-Appellee and )
Cross-Appellant, )
)
and ) No. 03--D--944
)
JO ELLYN L. CAPITANI, )
) Honorable
Respondent-Appellant and ) Stephen Sullivan,
Cross-Appellee. ) Judge, Presiding.
_____________________________________________________________________
JUSTICE McLAREN delivered the opinion of the court:
This appeal comes before the court on respondent Jo Ellyn Capitani's notice of
appeal filed on April 20, 2005, in which she claims the trial court erred and abused its
discretion in the entry of its March 22, 2005, judgment order. Respondent asserts that this
matter was brought as an appeal from a final judgment, pursuant to Supreme Court Rules
301 and 303(a) (155 Ill. 2d Rs. 301, 303(a)) and article VI, section 6, of the Illinois
Constitution (Ill. Const. 1970, art. VI, '6 ), which would vest this court with jurisdiction to
determine the issues presented for our review.
Petitioner filed a motion to dismiss the appeal, to which respondent filed an
objection. We determine that this court does not have jurisdiction and grant petitioner's
motion to dismiss the appeal.