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Galler v. Galler
Citations: 217 N.E.2d 111; 69 Ill. App. 2d 397; 1966 Ill. App. LEXIS 1432Docket: Gen. 50,570
Court: Appellate Court of Illinois; March 22, 1966; Illinois; State Appellate Court
An appeal was taken from a Circuit Court order that mandated a stockholders' meeting for the Galler Drug Company, specifying the officers to be elected and their salaries. This order followed a Supreme Court ruling that an agreement among the parties was enforceable and required an accounting of certain funds. The appeal was challenged based on a jurisdictional issue under chapter 110, Ill. Rev. Stat. 1965, section 50(2), which states that in cases involving multiple parties or claims, a final order can only be made if there is an express finding that there is no just reason for delaying enforcement or appeal. The court found that no such finding was made in this case, rendering the order non-appealable. The appellants cited two cases arguing that orders enforceable through contempt are appealable regardless of the completeness of the issues. However, the court determined that contempt citations were not applicable since the meeting was held and the officers were elected as ordered. The appellants’ failure to appeal prior to complying with the court’s order eliminated the possibility of a reviewable order. Consequently, the appeal was dismissed. Judges Lyons and Burke concurred with the decision.