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Rule 308 procedure

November 24, 2012 by in General

This case was a permissive interlocutory appeal of questions of law certified by the trial court pursuant to Illinois Supreme Court Rule 308. The appellate court noted that none of the parties to the original complaint filed an appellate brief. Only the Illinois Department of Corrections, as third-party respondent-appellant, filed […]

A “bifurcated” marital dissolution judgment is not final and immediately appealable

June 8, 2012 by in General

The trial court entered a marriage dissolution judgment incorporating a marital settlement agreement (“MSA”). The judgment (like the MSA) reserved some property allocation issues for later determination. Five months later, the husband moved to modify the judgment pursuant to 735 ILCS 5/2-1203 and 5/2-1401, asserting a mutual mistake of fact. […]

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