In re Marriage of O'Brien
In re Marriage of O'Brien
Opinion of the Court
delivered the opinion of the court:
On July 14, 1992, the trial court issued an order implementing a judgment of dissolution between Errol and Pamela O’Brien. Kelly Lynn O’Brien, an additional party respondent, appealed contending that this court had jurisdiction to review an otherwise nonfinal order because of the injunctive nature of such order. For the reasons which follow, we disagree.
On April 15, 1992, the trial court entered a judgment for dissolution of the marriage of Errol C. O’Brien and Pamela J. O’Brien. In this judgment, the trial court found that Errol had fraudulently conveyed certain assets (including real estate, automobiles, furs and jewelry), which it construed to be marital property, to Kelly Lynn O’Brien, his adult daughter from a prior marriage. (Kelly Lynn had been joined in the dissolution proceedings as an additional party respondent.) Accordingly, the court imposed a constructive trust on a list of specified properties, both real and personal. (These properties had previously been protected by temporary injunctive and restraining orders of June 18, 1991, June 26, 1991, and September 11, 1991.) In the judgment of dissolution, the court ordered that Errol and Kelly were to “as soon as possible” return to the marital estate all marital assets, as defined in the order, and place the assets in the names of Errol and Pamela, jointly. To protect the assets held in Kelly’s name while the transfers were being made, the court continued in place the injunctions which it had previously issued. The court further divided the marital assets based on the premise that these would be returned to the marital estate. The court also ordered Errol and Kelly to account to Pamela for certain receipts and expenditures, and reserved the determination of maintenance and attorney fees. Appellant did not timely appeal that part of the judgment of dissolution of marriage which ordered a return of the marital assets to the marital estate and continued in place the injunctions previously issued.
On July 14, 1992, the trial court issued an order to implement the judgment of dissolution. That order provided in relevant part that Kelly permit access by Baird and Warner to properties in Worth and Orland Park, Illinois; that Kelly sign a real estate contract for the Palos Park real estate, and that the proceeds of such sale be held in escrow; that Kelly find a broker for the Scottsdale, Arizona, property within 14 days; that Kelly and Errol provide a written estimate within seven days for the cost to repair the Mercedes automobile; and that Kelly and Errol provide the accounting required by the dissolution of marriage by a specified date. This is the order from which Kelly has appealed.
In her argument on appeal, Kelly asserts that this court has jurisdiction to review the July 14 order pursuant to Supreme Court Rule 307(a) (107 Ill. 2d R. 307(a)), which provides that an appeal may be taken to the appellate court from an interlocutory order granting, refusing, dissolving, or refusing to dissolve or modify an injunction.
Dismissed.
MURRAY and COUSINS, JJ., concur.
Although the order appealed from does contain final and appealable language (“there is no just reason to delay enforcement on appeal”), appellant does not argue that this court has jurisdiction pursuant to Rule 304(a) (107 Ill. 2d R. 304(a)). However, even if appellant had advanced this argument, it would fail as the order does not terminate the litigation between the parties, and therefore, the special finding language does not make a nonfinal order appealable. In re Marriage of Ryan (1989), 188 Ill. App. 3d 679, 544 N.E.2d 454.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.