In re Parentage of D.S., 2023 IL App (1st) 221157-U

1) Case citation and parties
- In re Parentage of D.S., 2023 IL App (1st) 221157-U (1st Dist. June 15, 2023) (Rule 23 order — not precedent).
- Petitioner-Appellant: De Elvin Stewart (pro se). Respondent-Appellee: Ebony Mahoon. Appeal from Cook County circuit court.

2) Key legal issues
- Whether the Appellate Court had jurisdiction to hear an appeal from a trial-court order transferring venue (Cook → Peoria).
- Whether appellant’s pro se notice of appeal filed in the circuit court sufficed in lieu of a Rule 306(a)(4) petition for leave to appeal and whether timeliness/finality requirements were met.

3) Holding / outcome
- Appeal dismissed for want of appellate jurisdiction.

4) Significant legal reasoning (concise)
- Finality principle: appellate jurisdiction is limited to final judgments or orders expressly made appealable by Supreme Court rules (Rule 301/304). A venue-transfer order that merely moves the case and “takes it off call” does not finally fix parties’ rights and is not a final, appealable order under Rules 301/304.
- Rule 306(a)(4) is the exclusive route for immediate review of a transfer order premised on nonresidency, but it requires a petition for leave to appeal filed in the Appellate Court within 30 days of the trial order. The court treated the 30-day filing requirement as jurisdictional.
- Stewart filed only a notice of appeal in the circuit court (and did not file the required Rule 306 petition) and filed it more than 30 days after the June 28, 2022 transfer order. Pro se status does not excuse noncompliance with appellate filing rules. Authorities cited include Rule 306(c)(1), In re Leonard R., People v. Salem, and Colekam v. Akpakpan. Because the transfer order was interlocutory and the Rule 306 process was not followed/timely, the appellate court lacked jurisdiction.

5) Practice implications for attorneys
- Do not use circuit-court notice-of-appeal to challenge venue-transfer orders based on nonresidency; file a Rule 306(a)(4) petition for leave to appeal in the Appellate Court and do so within 30 days — the deadline is jurisdictional.
- Confirm whether the trial order includes any Rule 304(a) certification (if seeking immediate appeal on other interlocutory matters). If uncertain about finality, seek trial-court clarification or entry of a final/appealable order.
- Pro se status or late filing will not excuse procedural defaults. Ensure the challenged order is in the record and attached to appellate filings and verify order dates before calculating appeal deadlines.