2025 IL App (1st) 241380-U No. 1-24-1380 Order filed August 11, 2025 First Division
NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ FELICIA BURNETTE, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 24 M1 10606 ) JESSICA BURNETTE, ) Honorable ) Elizabeth A. Walsh, Defendant-Appellee. ) Judge, presiding.
PRESIDING JUSTICE FITZGERALD SMITH delivered the judgment of the court. Justices Lavin and Cobbs concurred in the judgment.
ORDER
¶1 Held: We affirm the circuit court’s order dismissing with prejudice plaintiff’s action for intentional infliction of emotional distress where plaintiff has failed to provide any legal argument to support her contentions of error or citations to legal authority on appeal.
¶2 Plaintiff Felicia Burnette (also known as Felicia Burnett) appeals pro se the circuit court’s
order granting the motion of defendant Jessica Burnette to dismiss with prejudice plaintiff’s suit
for intentional infliction of emotional distress. For the following reasons, we affirm. No. 1-24-1380
¶3 The record on appeal consists of one volume of the common law record and does not
contain a report of proceedings or any acceptable substitute. The following facts are derived from
the common law record.
¶4 On February 8, 2024, plaintiff filed pro se a small claims complaint for $10,000 against
defendant, the wife of plaintiff’s late son Michael Burnette. Plaintiff stated that Michael was
murdered on November 21, 2023, following which defendant had, inter alia, made plaintiff’s life
“miserable,” and denied plaintiff items from Michael’s home that belonged to plaintiff and access
to Michael and defendant’s children.
¶5 On April 2, 2024, defendant filed a motion to dismiss plaintiff’s complaint for failing to
state a claim. On April 16, 2024, the court entered an order granting defendant’s motion to dismiss
without prejudice and allowing plaintiff to file an amended complaint.
¶6 On April 22, 2024, plaintiff filed pro se an amended complaint seeking $10,000 from
defendant for intentional infliction of emotional distress. Plaintiff alleged that, following Michael’s
death, defendant had refused to return certain items, and gave items that had belonged to plaintiff’s
recently deceased brother to the person who had “run*** off” with his body and not returned his
ashes to the family. Plaintiff alleged that defendant intended that act to cause plaintiff even more
suffering. Defendant had put other items of Michael’s in the street as garbage, and falsely accused
plaintiff of starting a rumor that defendant was involved in Michael’s death.
¶7 Plaintiff further alleged that, on January 1, 2024, defendant had obtained an order of
protection against plaintiff by falsely stating plaintiff had “abused, harassed, intimidated or harmed
her and [plaintiff’s] grandchildren.” Defendant’s denial of plaintiff’s access to Michael and
defendant’s children, whom plaintiff had not seen since December 14, 2023, added greatly to
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plaintiff’s trauma. Defendant had also obtained an order of protection against Michael’s son. In
March 2024, defendant filed for violations of the protection order because plaintiff and others had
rallied to protest violence and “stopped by” the block where Michael had lived. Plaintiff alleged
that defendant’s treatment of her was intended to hurt her as defendant was angry with Michael
prior to his death. Due to defendant’s mistreatment, plaintiff had been “greatly stressed,
sleepless***, breaking out in hives, [had] uncontrol[l]able strimmers [sic],” and could not “think,
eat or care for [her]self properly.” Defendant’s family “only condon[ed] this inhumane, hatred, &
horrible attacks” on plaintiff. Plaintiff’s severe depression was due to defendant’s unfair and unjust
treatment, and defendant knew she was ill.
¶8 On May 23, 2024, defendant filed a motion to dismiss the case with prejudice for failing
to state a claim upon which relief could be granted. On June 26, 2024, the court entered an order
granting defendant’s motion and dismissing the case with prejudice. The court wrote, “For the
reasons stated in open court, the court finds no set of facts plead [sic] would properly state a cause
of action.”
¶9 Plaintiff now appeals pro se. She argues the circuit court erred in not allowing her a “day
in court” to prove defendant’s intentional infliction of emotional distress.
¶ 10 Section 2-615 of the Code of Civil Procedure allows for the dismissal of a complaint for
failing to establish a cause of action upon which relief could be granted. 735 ILCS 5/2-615 (West
2024); Hulsh v. Hulsh, 2025 IL 130931, ¶ 13. Dismissal is proper where “it is clearly apparent that
no set of facts can be proved that would entitle the plaintiff to recovery.” (Internal quotation marks
omitted.) Hulsh, 2025 IL 130931, ¶ 13. When reviewing a section 2-615 dismissal, we must accept
all well-pleaded facts, and reasonable inferences from those facts, as true. Seals v. Rush University
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Medical Center, 2021 IL App (1st) 200558, ¶ 11. We review a dismissal for failure to state a claim
de novo (Hulsh, 2025 IL 130931, ¶ 13) and the decision to dismiss with prejudice without allowing
the plaintiff further opportunities to plead for an abuse of discretion (Bruss v. Przybylo, 385 Ill.
App. 3d 399, 405 (2008)).
¶ 11 Initially, we note that, in entering the order granting defendant’s motion to dismiss for
failure to state a claim, the court wrote that it was doing so “[f]or the reasons stated in open court.”
However, the record on appeal lacks a report of any proceedings or an acceptable substitute such
as an agreed statement of facts or a bystander’s report. Ill. S. Ct. R. 323 (eff. July 1, 2017) (detailing
contents of report of proceedings and procedure if no transcript is available). Therefore, we cannot
ascertain the specific reasons for which the court found that plaintiff failed to state a claim upon
which relief could be granted.
¶ 12 As the appellant, it was plaintiff’s burden to provide a sufficient record to support a claim
of error. Beck v. DayOne Pact, 2023 IL App (1st) 221120, ¶ 29. Absent a complete record on
appeal, we must presume that the lower court’s order conformed with the law and had a sufficient
factual basis. Id. (citing Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984)). Although we do not
excuse plaintiff’s failure to comply with the requirement to provide a report of proceedings or
acceptable substitute, because we review de novo the court’s finding that she failed to state a claim
in her pleading, plaintiff’s failure to comply is not fatal on that question. Id. That said, the
deficiencies in her brief hinder this court’s review.
¶ 13 Illinois Supreme Court Rule 341 (eff. Oct. 1, 2020) governs the content and format of
appellate briefs. Its rules are mandatory. In re Marriage of Sanchez & Sanchez-Ortega, 2018 IL
App (1st) 171075, ¶¶ 30-31.
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¶ 14 Plaintiff fails to comply with Rule 341(h) in multiple respects. Specifically, her opening
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2025 IL App (1st) 241380-U No. 1-24-1380 Order filed August 11, 2025 First Division
NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ FELICIA BURNETTE, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 24 M1 10606 ) JESSICA BURNETTE, ) Honorable ) Elizabeth A. Walsh, Defendant-Appellee. ) Judge, presiding.
PRESIDING JUSTICE FITZGERALD SMITH delivered the judgment of the court. Justices Lavin and Cobbs concurred in the judgment.
ORDER
¶1 Held: We affirm the circuit court’s order dismissing with prejudice plaintiff’s action for intentional infliction of emotional distress where plaintiff has failed to provide any legal argument to support her contentions of error or citations to legal authority on appeal.
¶2 Plaintiff Felicia Burnette (also known as Felicia Burnett) appeals pro se the circuit court’s
order granting the motion of defendant Jessica Burnette to dismiss with prejudice plaintiff’s suit
for intentional infliction of emotional distress. For the following reasons, we affirm. No. 1-24-1380
¶3 The record on appeal consists of one volume of the common law record and does not
contain a report of proceedings or any acceptable substitute. The following facts are derived from
the common law record.
¶4 On February 8, 2024, plaintiff filed pro se a small claims complaint for $10,000 against
defendant, the wife of plaintiff’s late son Michael Burnette. Plaintiff stated that Michael was
murdered on November 21, 2023, following which defendant had, inter alia, made plaintiff’s life
“miserable,” and denied plaintiff items from Michael’s home that belonged to plaintiff and access
to Michael and defendant’s children.
¶5 On April 2, 2024, defendant filed a motion to dismiss plaintiff’s complaint for failing to
state a claim. On April 16, 2024, the court entered an order granting defendant’s motion to dismiss
without prejudice and allowing plaintiff to file an amended complaint.
¶6 On April 22, 2024, plaintiff filed pro se an amended complaint seeking $10,000 from
defendant for intentional infliction of emotional distress. Plaintiff alleged that, following Michael’s
death, defendant had refused to return certain items, and gave items that had belonged to plaintiff’s
recently deceased brother to the person who had “run*** off” with his body and not returned his
ashes to the family. Plaintiff alleged that defendant intended that act to cause plaintiff even more
suffering. Defendant had put other items of Michael’s in the street as garbage, and falsely accused
plaintiff of starting a rumor that defendant was involved in Michael’s death.
¶7 Plaintiff further alleged that, on January 1, 2024, defendant had obtained an order of
protection against plaintiff by falsely stating plaintiff had “abused, harassed, intimidated or harmed
her and [plaintiff’s] grandchildren.” Defendant’s denial of plaintiff’s access to Michael and
defendant’s children, whom plaintiff had not seen since December 14, 2023, added greatly to
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plaintiff’s trauma. Defendant had also obtained an order of protection against Michael’s son. In
March 2024, defendant filed for violations of the protection order because plaintiff and others had
rallied to protest violence and “stopped by” the block where Michael had lived. Plaintiff alleged
that defendant’s treatment of her was intended to hurt her as defendant was angry with Michael
prior to his death. Due to defendant’s mistreatment, plaintiff had been “greatly stressed,
sleepless***, breaking out in hives, [had] uncontrol[l]able strimmers [sic],” and could not “think,
eat or care for [her]self properly.” Defendant’s family “only condon[ed] this inhumane, hatred, &
horrible attacks” on plaintiff. Plaintiff’s severe depression was due to defendant’s unfair and unjust
treatment, and defendant knew she was ill.
¶8 On May 23, 2024, defendant filed a motion to dismiss the case with prejudice for failing
to state a claim upon which relief could be granted. On June 26, 2024, the court entered an order
granting defendant’s motion and dismissing the case with prejudice. The court wrote, “For the
reasons stated in open court, the court finds no set of facts plead [sic] would properly state a cause
of action.”
¶9 Plaintiff now appeals pro se. She argues the circuit court erred in not allowing her a “day
in court” to prove defendant’s intentional infliction of emotional distress.
¶ 10 Section 2-615 of the Code of Civil Procedure allows for the dismissal of a complaint for
failing to establish a cause of action upon which relief could be granted. 735 ILCS 5/2-615 (West
2024); Hulsh v. Hulsh, 2025 IL 130931, ¶ 13. Dismissal is proper where “it is clearly apparent that
no set of facts can be proved that would entitle the plaintiff to recovery.” (Internal quotation marks
omitted.) Hulsh, 2025 IL 130931, ¶ 13. When reviewing a section 2-615 dismissal, we must accept
all well-pleaded facts, and reasonable inferences from those facts, as true. Seals v. Rush University
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Medical Center, 2021 IL App (1st) 200558, ¶ 11. We review a dismissal for failure to state a claim
de novo (Hulsh, 2025 IL 130931, ¶ 13) and the decision to dismiss with prejudice without allowing
the plaintiff further opportunities to plead for an abuse of discretion (Bruss v. Przybylo, 385 Ill.
App. 3d 399, 405 (2008)).
¶ 11 Initially, we note that, in entering the order granting defendant’s motion to dismiss for
failure to state a claim, the court wrote that it was doing so “[f]or the reasons stated in open court.”
However, the record on appeal lacks a report of any proceedings or an acceptable substitute such
as an agreed statement of facts or a bystander’s report. Ill. S. Ct. R. 323 (eff. July 1, 2017) (detailing
contents of report of proceedings and procedure if no transcript is available). Therefore, we cannot
ascertain the specific reasons for which the court found that plaintiff failed to state a claim upon
which relief could be granted.
¶ 12 As the appellant, it was plaintiff’s burden to provide a sufficient record to support a claim
of error. Beck v. DayOne Pact, 2023 IL App (1st) 221120, ¶ 29. Absent a complete record on
appeal, we must presume that the lower court’s order conformed with the law and had a sufficient
factual basis. Id. (citing Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984)). Although we do not
excuse plaintiff’s failure to comply with the requirement to provide a report of proceedings or
acceptable substitute, because we review de novo the court’s finding that she failed to state a claim
in her pleading, plaintiff’s failure to comply is not fatal on that question. Id. That said, the
deficiencies in her brief hinder this court’s review.
¶ 13 Illinois Supreme Court Rule 341 (eff. Oct. 1, 2020) governs the content and format of
appellate briefs. Its rules are mandatory. In re Marriage of Sanchez & Sanchez-Ortega, 2018 IL
App (1st) 171075, ¶¶ 30-31.
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¶ 14 Plaintiff fails to comply with Rule 341(h) in multiple respects. Specifically, her opening
brief lacks a table of contents, a statement of jurisdiction, a statement of facts necessary to the
understanding of the case that is without argument or comment and contains citations to the record,
and an argument section including citations to authority and the pages of the record relied on. See
Ill. S. Ct. R. 341(h)(1), (4), (6), (7) (eff. Oct. 1, 2020) (setting out requirements of an appellant’s
brief). Rather, plaintiff’s opening and reply briefs are comprised only of factual assertions and
conclusory statements completely devoid of citations to the record or legal authority. She fails to
identify the elements of intentional infliction of emotional distress or discuss how defendant’s
alleged actions satisfy those elements such that they state a claim upon which relief could be
granted. See DiPietro v. GATX Corp., 2020 IL App (1st) 192196, ¶ 50 (providing elements of
intentional infliction of emotional distress).
¶ 15 Plaintiff’s pro se status does not excuse her from complying with our supreme court rules.
Zale v. Moraine Valley Community College, 2019 IL App (1st) 190197, ¶ 32. We are entitled to
have the issues on appeal clearly defined with a cohesive legal argument and citations to pertinent
authority. People v. Ballard, 2022 IL App (1st) 210762, ¶ 25. “Issues that are ill-defined and
insufficiently presented *** are considered waived.” Id.; see Ill. S. Ct. R. 341(h)(7) (eff. Oct. 1,
2020) (contentions must be supported by citations to authority, and points not argued are forfeited);
Arrizon v. TransUnion, LLC, 2025 IL App (1st) 231911, ¶ 41 (remarking that this court “is not a
depository in which the appellant may dump the burden of argument and research” (internal
quotation marks omitted)). Nevertheless, as plaintiff appears to challenge the dismissal of her
intentional infliction of emotional distress action with prejudice, we choose to examine her claim
to the extent we are able.
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¶ 16 Claims of intentional infliction of emotional distress require the following elements: (1)
the defendant’s conduct was extreme and outrageous, (2) the defendant intended to inflict severe
emotional distress or knew there was high probability that her conduct would cause it, and (3) the
defendant’s conduct caused severe emotional distress. DiPietro, 2020 IL App (1st) 192196, ¶ 50.
To be extreme and outrageous, the “conduct must go beyond mere insults, indignities, threats,
annoyances, petty oppressions, or other trivialities,” and exceed “all possible bounds of decency,
and to be regarded as atrocious, and utterly intolerable in a civilized community.” (Internal
quotation marks omitted.) Id.
¶ 17 Factors to be considered regarding whether conduct is sufficiently extreme and outrageous
include whether the defendant reasonably believed her objective was legitimate, the degree of
power or authority that the defendant has over the plaintiff, and whether the defendant knows the
plaintiff is particularly susceptible to emotional distress. S.E. v. BMO Harris Bank National Ass’n,
2025 IL App (2d) 240311, ¶ 50. The defendant is not liable for insisting upon her legal rights “in
a permissible way,” even if she knows it will cause emotional distress. Id.
¶ 18 In her amended complaint, plaintiff alleged, inter alia, that after her son Michael’s death,
defendant denied her items, gave items of Michael’s to someone whom defendant knew plaintiff
did not like, denied plaintiff access to her grandchildren, lied that plaintiff had abused and harassed
defendant and plaintiff’s grandchildren to obtain an order of protection against plaintiff, and did
so while knowing that plaintiff was ill. Although plaintiff was clearly insulted and hurt by
defendant’s actions, we cannot find defendant’s alleged conduct so sufficiently extreme and
outrageous as to support a claim for intentional infliction of emotional distress. See Layne v.
Builders Plumbing Supply Co., 210 Ill. App. 3d 966, 972-73 (1991) (finding that allegedly false
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complaints to police that the plaintiff had harassed, assaulted, and threatened someone did not state
a claim for intentional infliction of emotional distress as courts must “draw*** a line between the
slight hurts which are the price of a complex society and the severe mental disturbances inflicted
by intentional actions wholly lacking in social utility” (internal quotation marks omitted)).
¶ 19 Plaintiff complains that the circuit court did not allow her a “day in court.” To the extent
this claim could be construed as contending that the circuit court abused its discretion by
dismissing her amended complaint with prejudice rather than allowing her to amend it, she sets
forth no substantive argument and has forfeited her claim. See Scatchell v. Board of Fire & Police
Commissioners for Village of Melrose Park, 2022 IL App (1st) 201361, ¶ 104 (it is not reviewing
court’s function or obligation to act as an advocate for the appellant).
¶ 20 We note that, even were we to consider the contention, the record is insufficient for our
review of this question. “Where a claim can be stated, the trial court abuses its discretion if it
dismisses the complaint with prejudice and refuses the plaintiff further opportunities to plead.”
Bruss, 385 Ill. App. 3d at 405. Appellant’s duty to provide a complete record on appeal is
“especially important when [as here] the abuse-of-discretion standard applies.” (Internal quotation
marks omitted.) Northwestern Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234,
¶ 79. Here, without a report of proceedings or an acceptable substitute, we cannot ascertain what
evidence or argument plaintiff presented to the circuit court in response to defendant’s motion to
dismiss her amended complaint or the circuit court’s reasons for dismissing plaintiff’s amended
complaint with prejudice, let alone whether the court abused its discretion in doing so.
Accordingly, we presume the circuit court’s order conformed with the law and had sufficient
factual basis. Beck, 2023 IL App (1st) 221120, ¶ 29.
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¶ 21 For the foregoing reasons, we affirm the judgment of the circuit court of Cook County
dismissing plaintiff’s action for intentional infliction of emotional distress.
¶ 22 Affirmed.
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