2020 IL App (1st) 191491-U No. 1-19-1491 Order filed August10, 2020 First Division
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). _____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE BANK OF NEW YORK MELLON, f/k/a the Bank ) of New York, as Successor Trustee for JP Morgan Chase ) Bank, N.A., As Trustee for Novastar Mortgage Funding ) Trust, Series 2006-1 Novastar Home Equity Loan Asset- ) Appeal from the Backed Certificates, Series 2006-1, ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 19 M1 703973 ) JASMINE WILLIAMS, DELECE WILLIAMS, LISA ) Honorable HILTONEN, LEONARD HILTONEN, KEITH ) David A Skryd, WILLIAMS, JR., UNKNOWN OCCUPANTS, ) Judge, presiding. Defendants ) ) DELECE WILLIAMS ) ) Appellant. )
JUSTICE HYMAN delivered the judgment of the court. Presiding Justice Griffin and Justice Pierce concurred in the judgment.
ORDER
¶1 Held: Order denying motion to vacate eviction order affirmed where record did not show the trial court violated appellant’s due process rights. 1-19-1491
¶2 The Bank of New York Mellon obtained a consent judgment of foreclosure on residential
property and then sought to evict appellant Delece Williams and others who were living there. The
Bank served Williams by substituted service, and she filed an appearance. An attorney also filed
an appearance on her behalf. After a hearing, the trial court entered an eviction order in the Bank’s
favor. Williams filed a motion to vacate the eviction order, which the trial court denied. Williams
appeals pro se arguing her due process rights were violated because she did not receive proper
notice of the foreclosure case or get her “day in court” in the eviction proceeding. We affirm.
Williams presents no evidence showing she was entitled to notice of the mortgage foreclosure
proceeding or that her due process rights were violated in the eviction proceeding.
¶3 Background
¶4 In June 2016, the Bank obtained a consent judgment of foreclosure against the owner of
property located in Country Club Hills. After the consent judgment’s entry, the Bank learned that
Delece Williams and others were living in the house on the property. The Bank served demands
for possession and filed an eviction complaint in 2017. The trial court granted the Bank an order
of possession, and the sheriff evicted the occupants on January 24, 2019.
¶5 A few days later, Williams and others moved back into the house. The Bank filed a second
eviction complaint on March 11, 2019, naming five defendants including Williams. (Only
Williams is a party to this appeal.) Williams was served by substituted service on one of the co-
defendants who resided in the house. Williams filed an appearance, as well as a petition for a
waiver of court fees, which the trial court granted. A short time later, an attorney filed an
appearance on Williams’s behalf.
¶6 The trial court entered an eviction order in the Bank’s favor on May 2, 2019, ordering
Williams to move out by May 9. Williams filed a motion to vacate the order, which the trial court
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denied, in her absence, on June 18. On the same date, Williams filed a motion for a continuance,
explaining her absence was due to her having gone to the wrong courtroom. No ruling on that
motion appears in the record. Williams filed a timely notice of appeal from the order entered on
July 3, 2019. An order dated July 3 is not in the record.
¶7 The Bank filed a motion to dismiss the appeal on October 3, 2019, arguing that Williams
failed to provide a complete record on appeal, because she did not include the July 3 order, as
required by Illinois Supreme Court Rule 321 (eff. Feb. 1, 1994). This court denied the motion but
directed Williams to supplement the record with the July 3 order by November 15. Williams did
not comply. On March 10, 2020, this court again granted Williams an extension of time to
supplement the record with the July 3 order. It appears Williams never supplemented the record,
but a copy of the July 3 order is in the Bank’s supplemental appendix to it brief. The order states
the trial judge, with Williams and her attorney present, again denied the motion to vacate the
eviction order.
¶8 Analysis
¶9 As a preliminary matter, we address the Bank’s contention that we should strike William’s
brief and dismiss her appeal because she did not comply with the requirements of Supreme Court
Rules 321 and 341(h). See Ill. S. Ct. Rs. 321 (eff. Feb. 1, 1994), 341(h) (eff. Dec. 13, 2005).
¶ 10 Illinois Supreme Court Rule 321 (eff. Feb. 1, 1994) provides, in relevant, part that the
record on appeal “shall consist of the judgment appealed from, the notice of appeal, and the entire
original common law record, unless the parties stipulate for, or the trial court, after notice and
hearing, or the reviewing court, orders less.”
¶ 11 The Bank argues that Williams’s failure to include a copy of the July 3 order warrants
dismissal because, without it, we cannot meaningfully consider the propriety of the lower court’s
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decision. See Best Coin–Op, Inc. v. Fountains of Carriage Way Condominium Ass’n, 239 Ill. App.
3d 1062, 1063 (1992); In re A.H., 215 Ill. App. 3d 522, 529 (1991). We agree that Williams should
have supplemented the record with the July 3 order, particularly after being given several
opportunities by this court. But, a copy of the order is in the Bank’s supplemental appendix and
from it and Williams’s briefs, we can discern that she is appealing the trial court’s decision refusing
to vacate its eviction order. So, we will not dismiss her appeal for violating Rule 321.
¶ 12 Williams’s appellate brief does not comply with provisions of Illinois Supreme Court Rule
341(h)(6) and (h)(7) (eff. Feb. 6, 2013). Rule 341 requires the parties to present a clear and orderly
argument so the reviewing court may ascertain and dispose of the issues involved. Collier v. Avis
Rent A Car System, Inc., 248 Ill. App. 3d 1088, 1095 (1993). A reviewing court may dismiss an
appeal where the appellant’s brief fails to comply with supreme court rules. Collier, 248 Ill. App.
3d at 1095; In re A.H., 215 Ill. App. 3d at 529.
¶ 13 Illinois Supreme Court Rule 341(h)(6) requires an appellant’s brief to include a statement
“contain[ing] the facts necessary to an understanding of the case, stated accurately and fairly
without argument or comment, and with appropriate references to the pages of the record on
appeal.” Ill. S. Ct. Rule 341(h)(6) (eff. Feb. 6, 2013). Although her brief has a section entitled
“Statement of Facts,” it consists almost entirely of argument and comment, and it contains no
citations to the record.
¶ 14 Likewise, Williams’s brief fails to comply with Rule 341(h)(7), which requires the
appellant’s brief to include an argument section “contain[ing] the contentions of the appellant and
the reasons therefor, with citation of the authorities and the pages of the record relied on.” Ill. S.
Ct. Rule 341(h)(7) (eff. Feb.6, 2013). Williams cites some statutes and cases, the argument section
unnecessarily repeats itself, and fails to cite to pages of the record.
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2020 IL App (1st) 191491-U No. 1-19-1491 Order filed August10, 2020 First Division
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). _____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE BANK OF NEW YORK MELLON, f/k/a the Bank ) of New York, as Successor Trustee for JP Morgan Chase ) Bank, N.A., As Trustee for Novastar Mortgage Funding ) Trust, Series 2006-1 Novastar Home Equity Loan Asset- ) Appeal from the Backed Certificates, Series 2006-1, ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 19 M1 703973 ) JASMINE WILLIAMS, DELECE WILLIAMS, LISA ) Honorable HILTONEN, LEONARD HILTONEN, KEITH ) David A Skryd, WILLIAMS, JR., UNKNOWN OCCUPANTS, ) Judge, presiding. Defendants ) ) DELECE WILLIAMS ) ) Appellant. )
JUSTICE HYMAN delivered the judgment of the court. Presiding Justice Griffin and Justice Pierce concurred in the judgment.
ORDER
¶1 Held: Order denying motion to vacate eviction order affirmed where record did not show the trial court violated appellant’s due process rights. 1-19-1491
¶2 The Bank of New York Mellon obtained a consent judgment of foreclosure on residential
property and then sought to evict appellant Delece Williams and others who were living there. The
Bank served Williams by substituted service, and she filed an appearance. An attorney also filed
an appearance on her behalf. After a hearing, the trial court entered an eviction order in the Bank’s
favor. Williams filed a motion to vacate the eviction order, which the trial court denied. Williams
appeals pro se arguing her due process rights were violated because she did not receive proper
notice of the foreclosure case or get her “day in court” in the eviction proceeding. We affirm.
Williams presents no evidence showing she was entitled to notice of the mortgage foreclosure
proceeding or that her due process rights were violated in the eviction proceeding.
¶3 Background
¶4 In June 2016, the Bank obtained a consent judgment of foreclosure against the owner of
property located in Country Club Hills. After the consent judgment’s entry, the Bank learned that
Delece Williams and others were living in the house on the property. The Bank served demands
for possession and filed an eviction complaint in 2017. The trial court granted the Bank an order
of possession, and the sheriff evicted the occupants on January 24, 2019.
¶5 A few days later, Williams and others moved back into the house. The Bank filed a second
eviction complaint on March 11, 2019, naming five defendants including Williams. (Only
Williams is a party to this appeal.) Williams was served by substituted service on one of the co-
defendants who resided in the house. Williams filed an appearance, as well as a petition for a
waiver of court fees, which the trial court granted. A short time later, an attorney filed an
appearance on Williams’s behalf.
¶6 The trial court entered an eviction order in the Bank’s favor on May 2, 2019, ordering
Williams to move out by May 9. Williams filed a motion to vacate the order, which the trial court
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denied, in her absence, on June 18. On the same date, Williams filed a motion for a continuance,
explaining her absence was due to her having gone to the wrong courtroom. No ruling on that
motion appears in the record. Williams filed a timely notice of appeal from the order entered on
July 3, 2019. An order dated July 3 is not in the record.
¶7 The Bank filed a motion to dismiss the appeal on October 3, 2019, arguing that Williams
failed to provide a complete record on appeal, because she did not include the July 3 order, as
required by Illinois Supreme Court Rule 321 (eff. Feb. 1, 1994). This court denied the motion but
directed Williams to supplement the record with the July 3 order by November 15. Williams did
not comply. On March 10, 2020, this court again granted Williams an extension of time to
supplement the record with the July 3 order. It appears Williams never supplemented the record,
but a copy of the July 3 order is in the Bank’s supplemental appendix to it brief. The order states
the trial judge, with Williams and her attorney present, again denied the motion to vacate the
eviction order.
¶8 Analysis
¶9 As a preliminary matter, we address the Bank’s contention that we should strike William’s
brief and dismiss her appeal because she did not comply with the requirements of Supreme Court
Rules 321 and 341(h). See Ill. S. Ct. Rs. 321 (eff. Feb. 1, 1994), 341(h) (eff. Dec. 13, 2005).
¶ 10 Illinois Supreme Court Rule 321 (eff. Feb. 1, 1994) provides, in relevant, part that the
record on appeal “shall consist of the judgment appealed from, the notice of appeal, and the entire
original common law record, unless the parties stipulate for, or the trial court, after notice and
hearing, or the reviewing court, orders less.”
¶ 11 The Bank argues that Williams’s failure to include a copy of the July 3 order warrants
dismissal because, without it, we cannot meaningfully consider the propriety of the lower court’s
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decision. See Best Coin–Op, Inc. v. Fountains of Carriage Way Condominium Ass’n, 239 Ill. App.
3d 1062, 1063 (1992); In re A.H., 215 Ill. App. 3d 522, 529 (1991). We agree that Williams should
have supplemented the record with the July 3 order, particularly after being given several
opportunities by this court. But, a copy of the order is in the Bank’s supplemental appendix and
from it and Williams’s briefs, we can discern that she is appealing the trial court’s decision refusing
to vacate its eviction order. So, we will not dismiss her appeal for violating Rule 321.
¶ 12 Williams’s appellate brief does not comply with provisions of Illinois Supreme Court Rule
341(h)(6) and (h)(7) (eff. Feb. 6, 2013). Rule 341 requires the parties to present a clear and orderly
argument so the reviewing court may ascertain and dispose of the issues involved. Collier v. Avis
Rent A Car System, Inc., 248 Ill. App. 3d 1088, 1095 (1993). A reviewing court may dismiss an
appeal where the appellant’s brief fails to comply with supreme court rules. Collier, 248 Ill. App.
3d at 1095; In re A.H., 215 Ill. App. 3d at 529.
¶ 13 Illinois Supreme Court Rule 341(h)(6) requires an appellant’s brief to include a statement
“contain[ing] the facts necessary to an understanding of the case, stated accurately and fairly
without argument or comment, and with appropriate references to the pages of the record on
appeal.” Ill. S. Ct. Rule 341(h)(6) (eff. Feb. 6, 2013). Although her brief has a section entitled
“Statement of Facts,” it consists almost entirely of argument and comment, and it contains no
citations to the record.
¶ 14 Likewise, Williams’s brief fails to comply with Rule 341(h)(7), which requires the
appellant’s brief to include an argument section “contain[ing] the contentions of the appellant and
the reasons therefor, with citation of the authorities and the pages of the record relied on.” Ill. S.
Ct. Rule 341(h)(7) (eff. Feb.6, 2013). Williams cites some statutes and cases, the argument section
unnecessarily repeats itself, and fails to cite to pages of the record.
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¶ 15 We are mindful of the challenges Williams faces in representing herself on appeal, but self-
represented status does not excuse an appellant from complying with the appellate procedures
established by our supreme court rules. Coleman v. Akpakpan, 402 Ill. App. 3d 822, 825 (2010).
Violation of the rules, however, does not divest us of jurisdiction, but rather serves as an
admonishment to the parties. Brown v. Brown, 62 Ill.App.3d 328, 332 (1978). We retain the
discretion to consider the merits of the appeal, where (i) an appellant’s brief sufficiently apprises
us of the arguments (see Young v. City of Centreville, 169 Ill.App.3d 166, 169 (1988)), (ii) the
facts necessary to understand the issue are relatively straight-forward (In re Marriage of Burke,
185 Ill. App. 3d 253, 255 (1989)), and (iii) the interest of judicial economy are best served by
addressing the issues. See Zadrozny v. City Colleges of Chicago, 220 Ill. App. 3d 290, 293 (1991).
¶ 16 Dismissal of an appeal for Supreme Court Rule violations should be the last resort in
extreme situations where meaningful review of the issues is impossible. Despite the deficiencies,
the facts in this eviction proceeding are straight-forward, and Williams’s brief sufficiently apprises
us of her arguments. Williams contends that her due process rights were violated because she was
not properly served with notice of the mortgage proceedings and did not have an opportunity to be
heard in the eviction proceeding. In the interest of judicial economy, we will consider her
arguments.
¶ 17 Due Process
¶ 18 Williams’s first contention is that she had an interest in the foreclosed property because
she is a tenant with a lease and had filed a motion to intervene in the mortgage foreclosure case
under section 5/15-1501(e)(2) of the Code of Civil Procedure (735 ILCS 5/15-1501(e)(2)(West
2018)), and a motion to quash service of process. She asserts that because she had an interest, the
trial court violated her due process rights by entering a consent foreclosure judgment without first
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notifying her. Williams cites nothing in the record (nor could we find anything) to support that she
had a lease, had intervened in the mortgage foreclosure proceeding, or filed a motion to quash
service.
¶ 19 An appellant has the burden to present a sufficiently complete record to support his or her
claim of error. Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). In the absence of a complete
record, we must presume the trial court’s order conformed with the law and had a sufficient factual
basis. Id. at 392. “Any doubts which may arise from the incompleteness of the record will be
resolved against the appellant.” Id. Williams has failed to provide a complete record; we presume
that the trial court’s eviction order and order denying Williams’s motion to vacate conformed with
the law and had a sufficient factual basis.
¶ 20 Williams also contends she was not properly served in the eviction case and did not get her
“day in court.” The record shows Williams was served on March 17, 2019, by substitute service
on Jasmine Williams, a codefendant who was also living in the house. More importantly, the July
3 order states that Williams and her attorney were in court when the judge denied her motion to
vacate the eviction. We have no transcript from that proceeding, which was incumbent on Williams
to provide (Foutch, 99 Ill. 2d at 391-92) as support for her contention she was denied an
opportunity to be heard. Without a transcript or a bystander’s report, we must presume the trial
court’s ruling conformed with the law and that the trial court had a sufficient factual basis. Id. at
392.
¶ 21 Affirmed.
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