Friday, September 5, 2025
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Thank you for sending the motion to dismiss the appeal. It is now clear to me that the appellate court's dismissal was proper. Appellate courts only have jurisdiction to hear an appeal of a circuit court order that meets the legal definition of a "final order." In this case, Judge Flanagan's order, even assuming that it was not properly entered, does not qualify as a "final order" because a dismissal for want of prosecution does not ultimately end your dispute. When a case is dismissed for want of prosecution, you are able to re-file it as a new case within one year after the dismissal. For that reason, it is not a "final order."
If you have not already filed a complaint against Judge Flanagan, I strongly recommend that you do not file it. Complaints to the judicial inquiry board are designed for unethical conduct by a judge. Disagreeing with a ruling - even one that you believe violates the law - does not qualify as unethical.
As a supervising judge of the motion section, Judge Flanagan certainly had jurisdiction over your case. Arguably, her order was improper if you did not have proper notice of the hearing date. It is possible that this date was set near the outset of the case, with notice provided by postcard or electronic service.
If you did not have notice of the May 2 hearing, it is still very likely that Judge Dempsey still would have dismissed your case for want of prosecution on May 22. That is because the court's online docket does not reflect that the remaining defendants in the case were properly served with the complaint and summons. Service in any way other than in-person delivery (if in Illinois, by a sheriff, and if outside of Illinois, by a sheriff or other process server) is not valid. Moreover, service must be accomplished within 30 days after the summons is issued by the court clerk. After that, you must request an "alias summons" and serve that within 30 days. You should also understand that serving a registered agent only applies when you a serving a corporation. Individual defendants do not have registered agents.
If you choose to re-file this case, I strongly recommend that you hire a lawyer. Cases involving this amount of money by a pro se plaintiff have almost no chance of being successful. This is the type of case that a lawyer who charges fees might take on a contingency basis, meaning that any legal fees are owed only if you recover a settlement or a judgment. To find a lawyer, a good place to start it is this website: http://www.illinoislawyerfinder.com/find-a-lawyer. If you are not able to find a contingency fee lawyer who is interested in your case, that is usually a sign that the case is not a strong one.
If you decide to re-file the case on your own, you should keep in mind all of the following:
- the statute of limitations could bar any claims arising out of actions occurring more than 5 years prior to the date that you initially filed the case that was dismissed, so it will be necessary to focus on matters occurring during the more recent time period;
- the completion of your prior lawsuit against Scottie Pippen might be grounds for dismissal of any claims against him that arise out of actions occurring before that lawsuit was done;
- your complaint will have to allege specific facts about what each defendant did;
- you should take care to limit the number of filings you make in the case. The sheer volume of what you filed with the circuit court in this case is highly unusual.
- the judge may be very skeptical of your case given the number of other cases that you have filed in the Circuit Court of Cook County.
I hope this information is helpful. Please let me know if you have any questions.