This case involved a dispute over the proceeds of a judgment debtor’s property. Certain of the creditors moved to allocate the proceeds of the sale of the property. The trial court denied the allocation motion. Illinois Supreme Court Rule 307 allows orders granting or denying injunctive relief to be appealed…
The Singels were divorced in April 2006. Thirty days later, Thomas’s new lawyer filed a motion requesting an extension of time to file a motion to reconsider the dissolution judgment. That motion was denied in August. The trial court ruled that it did not have jurisdiction because neither a motion…
In this appeal of a workers’ compensation award, the Fifth District Illinois Appellate Court considered its jurisdiction on its own prerogative. The jurisdictional question arose because the arbitrator did not assign an amount for temporary total disability. Usually, when the amount of an award is not set, there is no…
The Department of State Police denied Daniel Braglia a Firearm Owner’s Identification Card (FOID). Seeking reversal of that decision, pursuant to statute, Braglia sued the county state’s attorney’s office. His complaint did not make the State Police a party. Braglia requested, and received, an order directing the State Police Department…
In a third amended complaint alleging five causes of action, Time Savers sued LaSalle Bank for breach of contract, fraud, and the like. The trial court granted LaSalle’s motion to dismiss. Although the order disposed of the entire complaint, it nonetheless contained language from Illinois Supreme Court Rule 304(a) that…
Dawn Waddick was unhappy with the trial court’s decision in her divorce action. She moved for reconsideration of the court’s decision. Still unhappy with the result of that motion, she appealed the trial court’s decision. The Second District Illinois Appellate Court dismissed the appeal on its own motion. The court…
The Carillos had a particularly difficult divorce case. Nine days before a judgment was entered, Carlos filed a motion for a rule to show cause why Anna should not be held in contempt of court. The judgment resolved all issues concerning custody and distribution of marital assets. The motion for…
Scott and Debra, co-trustees of their late mother’s trust, could not get along. After motions by each to have the other removed, Debra requested that a “special administrator” (more accurately, a “trustee”) be appointed. Her motion was granted on March 10, 2006. The court named Kathleen Ryding the trustee, “until…
The 7th Circuit Court of Appeals recently stated the rules regarding civil contempt orders are appealable interlocutory orders. The court ruled: • “An order holding a litigant in contempt of court is not appealable while the litigation continues.” • Resolution [of the contempt order] must await the final decision in…
Bobby Lee Harrison was awaiting trial on charges of aggravated criminal sexual assault. He was unhappy with the trial judge, so he moved for substitution, claiming the judge was biased against him. The motion was denied, and Harrison appealed. The First District Appellate Court granted the State’s motion to dismiss.…