Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Slepicka v. Ill. Dept. of Public Health, Nationwide Financial v. Pobuda and Bruns v. City of Centralia and the criminal case People v. Perez.
By Alyssa M. Reiter, Williams, Montgomery & John Ltd.
What is the remedy if administrative review is sought in the wrong circuit court? Here, the Court held that the remedy was for the action to be transferred to the correct district of the Appellate Court to review the merits.
The Illinois Department of Public Health issued an order from Springfield determining that Mary Slepicka was subject to involuntary discharge from her nursing home, which was located in Cook County. Slepicka sought administrative review of that decision in the Sangamon County circuit court. The nursing home moved to dismiss or transfer for improper venue. The circuit court denied the motion and confirmed the Department’s decision.
The nursing home sought dismissal of Slepicka’s appeal. The Appellate Court, Fourth District, found that the circuit court had jurisdiction but that venue was improper. It vacated the circuit court judgment and remanded with directions that the action be transferred to Cook County circuit court to review the Department’s decision.