No. 2--05--0161 filed:
APPELLATE COURT OF ILLINOIS
JODY ANN LOWENTHAL, ) Appeal from the Circuit Court
) of Du Page County.
v. ) No. 02--L--437
JAMES T. McDONALD, ) Honorable
) John T. Elsner,
Defendant-Appellee. ) Judge, Presiding.
JUSTICE BOWMAN delivered the opinion of the court:
At issue in this case is whether the parties' agreement to extend the time for filing a
posttrial motion validates an untimely motion requesting such an extension. We conclude
that this type of agreement, on its own, does not allow the trial court to retain jurisdiction
over the case. Correspondingly, plaintiff failed to timely file a notice of appeal, and we
therefore dismiss this appeal for lack of jurisdiction.
On April 23, 2002, plaintiff, Jody Ann Lowenthal, brought a negligence action against
defendant, James T. McDonald, to recover for personal injuries she allegedly sustained in a
car accident. Plaintiff filed an amended complaint on August 1, 2002, and the case was