In re Marriage of Morgan
129 N.E.3d 718
Ill. App. Ct.2019Background
- Parties divorced after agreed allocation judgment (May 2015) and final dissolution (Nov. 2015); later disputes generated postjudgment motions in 2018.
- At a June 20, 2018 hearing before Judge Garcia, the court expressed reluctance to modify an agreed allocation judgment and directed mediation; counsel for Michael objected to the court’s tone/comments.
- Michael filed a motion to substitute Judge Garcia for cause under 735 ILCS 5/2-1001(a)(3), alleging actual prejudice based on the judge’s remarks.
- Judge Elizabeth Hoskins Dow heard the substitution motion, applied In re Marriage of O’Brien, and denied substitution, finding no actual prejudice and that Judge Garcia had not reached the merits.
- The written denial stated the ruling "is appealable pursuant to Supreme Court Rule 304 and other applicable rules." Michael appealed; appellee did not file a brief.
- The appellate court considered whether it had jurisdiction to hear the appeal and ultimately dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has appellate jurisdiction over the denial of a substitution motion by virtue of Rule 304(a) language in the order | Michael: the written order (and the trial judge’s on-record comment) made the denial appealable under Supreme Court Rule 304(a) | Appellee/Judge Dow: the Rule 304(a) language was not properly invoked; the denial is interlocutory and not final | Held: No jurisdiction. The order’s vague reference to Rule 304 and "appealable" language did not satisfy Rule 304(a) and cannot convert an interlocutory denial of substitution into a final appealable order. |
Key Cases Cited
- In re Application of the Du Page County Collector, 152 Ill. 2d 545 (Ill. 1992) (trial-court intent and wording can affect invocation of Rule 304(a))
- Lawyers Title Ins. Corp. v. Kneller, 172 Ill. App. 3d 210 (Ill. App. Ct. 1988) (order citing Rule 304(a) with sufficient language may confer jurisdiction)
- Hopkins v. Illinois Masonic Medical Center, 211 Ill. App. 3d 652 (Ill. App. Ct. 1991) (strict application of Rule 304(a) required; appeal dismissed for noncompliance)
- Palmolive Tower Condominiums, LLC v. Simon, 409 Ill. App. 3d 539 (Ill. App. Ct. 2011) (simply calling an order "final and appealable" without Rule 304(a) language is insufficient)
- In re Marriage of Nettleton, 348 Ill. App. 3d 961 (Ill. App. Ct. 2004) (denial of substitution of judge for cause is interlocutory and not final)