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[W] Adams v. Bath and Body Works3/17/2005
ntiff's complaint as a Rule 219(c) discovery sanction are also reinstated.
BBW contends that State Farm has waived its motion for summary judgment and any argument presented therein because it failed to "obtain a ruling" from the circuit court on its motion. The cases BBW relies upon, King v. Paul J. Krez Co., 323 Ill. App. 3d 532, 752 N.E.2d 605 (2001) and Woolums v. Huss, 323 Ill. App. 3d 628, 752 N.E.2d 1219 (2001), do not support its argument. See King, 323 Ill. App. 3d at 534 (finding one of the defendant's bases for summary judgment was waived based upon the rule that " n alleged error is not preserved for review if the trial court fails to rule upon it"); Woolums, 323 Ill. App. 3d at 633 (stating that when "a party moves to strike an affidavit filed in summary judgment proceedings, it is that party's duty to bring his motion to the attention of the trial court and to get a ruling on the motion. Failure to obtain such a ruling will operate as a waiver of the objections to the affidavit"). Here, once the circuit court found that the claims asserted against State Farm were moot, it could not rule on the substantive merits of State Farm's motion for summary judgment on those claims. Because the circuit court did not rule upon the substantive merits of State Farm's motion, we decline to do so here.
IV. BBW'S CROSS-APPEAL
BBW filed a cross-appeal "relative to the dismissal of its counterclaim against" Kubasak, plaintiff, and Globaltech, as well as its third-party complaint against State Farm. BBW argues that " hould this Honorable Court reverse the Trial Court's order dismissing plaintiff's causes of action, BBW's counterclaims and third-party claims should be reinstated, since it filed the necessary cross-appeal to vest the court with jurisdiction to rule on the dismissal of its counterclaims and third-party claim." BBW also argues that because neither Kubasak, State Farm, nor Globaltech filed cross-appeals, they have waived any right to have their counterclaims reinstated.
Initially, this court has no jurisdiction over BBW's cross-appeal because it poses a hypothetical question: If this court should reverse the circuit court's order dismissing plaintiff's causes of action, whether BBW's counterclaims and third-party claims should be reinstated? It is axiomatic that the existence of an actual controversy is an essential prerequisite to appellate jurisdiction, and courts of review will generally not decide abstract, hypothetical, or moot questions. Steinbrecher v. Steinbrecher, 197 Ill. 2d 514, 523, 759 N.E.2d 509 (2001). Because the resolution of BBW's argument depends upon the resolution of plaintiff's appeal, this court has no power to consider it.
Moreover, even if this court has jurisdiction, BBW's filing of a cross-appeal from the judgment of the circuit court was improper. In general, a party cannot complain of error that does not prejudicially affect it, and one who has obtained by judgment all that has been asked for in the trial court cannot appeal from that judgment. Illinois Central R.R. Co. v. Accident & Casualty Co. of Winterthur, 317 Ill. App. 3d 737, 743, 739 N.E.2d 1049 (2000). Even though a successful party may not agree with the reasons, conclusions or findings of the lower court, it is improper to provide that successful party with a forum in a reviewing court. Geer v. Kadera, 173 Ill. 2d 398, 414, 671 N.E.2d 692 (1996). Here, there was no part of the circuit court's ruling that was adverse to BBW. The court did not rule on the substance of any motion or claim against BBW; it merely ruled that once plaintiff's claims were dismissed, the rest was moot. Thus, we dismiss BBW's cross-appeal as improper. We reverse the decision of the ci
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