Generally, a litigant has 30 days after final judgment to file a motion for Rule 137 sanctions. In Davis v. Davis, 2019 IL App (3d) 170744, husband filed a breach of contract claim against ex-wife. After his claim was dismissed, the husband appealed and one day later wife moved for Rule 137 sanctions. Because her sanctions motion was timely, the filing of the notice of appeal by the husband did not deprive the trial court of jurisdiction.
The explanation:
¶ 18 Having determined that the trial court did not err in dismissing Michael’s breach of contract action, we turn to Leann’s cross-appeal. She raises two issues: whether the trial court erred when it found it lacked jurisdiction to hear her request for sanctions and whether the court should have imposed Illinois Supreme Court Rule 137 (eff. Jan. 1, 2018) and Rule 375 (eff. Feb. 1, 1994) sanctions on Michael.
¶ 19 We begin with Leann’s challenge to the trial court’s determination that it lacked jurisdiction to hear her motion for sanctions. She argues that the trial court erroneously determined that it lacked jurisdiction. Michael agrees. They are correct.
¶ 20 A Rule 137 motion for sanctions must be filed within 30 days after the final judgment was entered. Pursuant to Illinois Supreme Court Rule 303(a)(1) (eff. July 1, 2017), a judgment or order does not become final and appealable while a Rule 137 claim remains pending. This is true even when a notice of appeal was filed in the same proceeding prior to the filing of the motion for sanctions. Yunker v. Farmers Automobile Management Corp., 404 Ill. App. 3d 816, 821 (2010). A timely postjudgment motion, such as a motion for sanctions, operates to stay an earlier filed notice of appeal. In re Estate of Hanley, 2013 IL App (3d) 110264, ¶ 43. The notice of appeal becomes effective when the final postjudgment motion is decided. Ill. S. Ct. R. 303(a)(2) (eff. July 1, 2017). We review questions of jurisdiction de novo. In re Marriage of Chrobak, 349 Ill. App. 3d 894, 897 (2004).
¶ 21 The trial court granted Leann’s motion to dismiss on October 3, 2017. Michael filed a notice of appeal on November 1, 2017, and Leann filed her motion for sanctions on November 2, 2017. The trial court dismissed Leann’s motion for sanctions on January 11, 2018, finding it lacked jurisdiction because a notice of appeal had already been filed. However, the motion for sanctions was a timely filed postjudgment motion that prevents an earlier filed notice of appeal from becoming effective until the trial court enters its ruling on the sanctions motion. The trial court retained jurisdiction to determine Leann’s sanctions motion. Thus, the trial court erred when it found it lacked jurisdiction to decide the motion for sanctions. We accordingly remand for the trial court to hear and determine Leann’s motion for sanctions.
Comment: thus, the filing of a notice of appeal by one party does not prevent the other party from seeking sanctions. The Clinton Law Firm
Illinois Procedure and Sanctions Decisions 