Colin v. Montgomery

2025 IL App (2d) 240765-U
CourtAppellate Court of Illinois
DecidedSeptember 16, 2025
Docket2-24-0765
StatusUnpublished

This text of 2025 IL App (2d) 240765-U (Colin v. Montgomery) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colin v. Montgomery, 2025 IL App (2d) 240765-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (2d) 240765-U Nos. 2-24-0765 & 2-24-0766 cons. Order filed September 16, 2025

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

DIANA COLIN, ) Appeal from the Circuit Court ) of Kane County. Petitioner-Appellee, ) ) v. ) No. 24-OP-1293 ) LATOSHA MONTGOMERY, ) Honorable ) Reginald N. Campbell, Respondent-Appellant. ) Judge, Presiding. ______________________________________________________________________________

ARLENE SANCHEZ, ) Appeal from the Circuit Court ) of Kane County. Petitioner-Appellee, ) ) v. ) No. 24-OP-1294 ) LATOSHA MONTGOMERY, ) Honorable ) Reginald N. Campbell, Respondent-Appellant. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE McLAREN delivered the judgment of the court. Justices Hutchinson and Birkett concurred in the judgment.

ORDER

¶1 Held: Respondent’s briefs on appeal from the entry of plenary orders of protection fail to comply with supreme court rules. Further, her arguments either are forfeited as undeveloped or patently lack merit. 2025 IL App (2d) 240765-U

¶2 Pro se respondent, Latosha Montgomery, appeals plenary stalking/no contact orders

entered against her and in favor of petitioners, Diana Colin and Arlene Sanchez, in case Nos. 24-

OP-1293 and 24-OP-1294, respectively. The appeals were docketed as Nos. 2-24-0765 and 2-24-

0766, respectively. We have consolidated the appeals for decision. For the following reasons, we

affirm.

¶3 I. BACKGROUND 1

¶4 On August 21, 2024, Colin and Sanchez each filed a verified petition for a stalking/no

contact order against respondent. Both women were employees of the Boys & Girls Club of the

Northwest Suburbs. Respondent’s two children were club participants.

¶5 Colin’s petition alleged that, on July 11, 2024, respondent arrived to pick up her children

at a public pool in Carpentersville. When Colin told respondent that it was against club policy for

children to be picked up from that location, respondent became upset and told Colin that she was

“ ‘going to kick [Colin’s] ass.’ ” Colin’s petition alleged further that, on August 19, 2024,

respondent entered the club’s building while “screaming” and calling out Colin’s name. As Colin

left the building, respondent threatened others present. Colin then called 911.

¶6 Sanchez’s petition alleged that, on August 14, 2024, she spoke with respondent about a

situation between respondent’s child and another child in the program. Because of respondent’s

disruptive demeanor, Sanchez had asked respondent to go outside with her to discuss the issue.

1 The record in each case consists of (1) the common law record and (2) a report of the proceedings

from the November 14, 2024, hearing on each petition. We note, however, that neither report of

proceedings contains the trial court’s ruling. We note too, that while the record in appeal No. 2-24-0766

contains an exhibit list, the sole exhibit listed—a security camera video—was not tendered to the clerk and,

thus, is not in the record.

-2- 2025 IL App (2d) 240765-U

As respondent walked away after the conversation, she told Sanchez that “ ‘she had something in

her back pocket and was not afraid to take it out.’ ” Sanchez’s petition further alleged that, on

August 19, 2024, respondent entered the building and was “screaming [Sanchez’s] name, stating

she was going to find [her] and ‘beat [her] ass.’ ” Respondent left, and the police were called.

Respondent returned and again threatened Sanchez.

¶7 The trial court issued emergency stalking/no contact orders in each case, effective August

21, 2024, through September 11, 2024. Both petitions were set for a hearing on September 11,

2024, and summonses were issued.

¶8 On September 11, 2024, the same counsel entered an appearance for both Sanchez and

Colin. That day, the trial court extended the emergency orders of protection, continued the cases

“for service on [r]espondent,” directed the issuance of alias summonses, and set the matters for a

hearing on October 2, 2024. Alias summonses were issued on September 16, 2024. Thereafter,

the two cases followed the same procedural progression with identical filings (with one minor

exception, which will be noted.)

¶9 On September 30, 2024, an authorized process server filed an affidavit of service.

According to the affidavit, at 2:05 p.m. on September 25, 2024, the server attempted to serve

respondent at her East Dundee residence but was unsuccessful. He noted that there was a package

on the porch and that no one was home. Later that day, at 5:44 p.m., he returned to the residence

and successfully served respondent. Specifically, he stated that the package was gone and that he

had spoken with respondent through her doorbell camera. He advised respondent that he had

orders from the Kane County court. Respondent refused to open the door and said she would not

accept the orders. The process server placed the documents on the door handle and took a picture.

He also mailed the documents via First Class mail.

-3- 2025 IL App (2d) 240765-U

¶ 10 On October 2, 2024, the trial court entered plenary stalking/no contact orders in each case.

Petitioners were present; respondent was not. The court found that respondent was served with

process and notice and that she was in default. The court made the plenary orders effective through

October 2, 2026.

¶ 11 On that same day, in Sanchez’s case, respondent filed a motion to “throwout [sic].” She

claimed that the charges were “fake” and in “retaliation for [her] filing a discrimination charge.”

(No similar motion was filed in Colin’s case.)

¶ 12 On October 23, 2024, respondent filed in each case a motion to (1) “[r]e-hear the original

or amended [v]erified [p]etitioner [sic] for [e]mergency [s]talking [n]o [c]ontact [o]rder” and

(2) “[v]acate the [e]mergency [s]talking [n]o [c]ontact [o]rder.” She alleged that she (1) “did not

receive prior notice of the initial hearing in which the [e]mergency [s]talking [n]o [c]ontact [o]rder

was entered,” (2) had a meritorious defense, and (3) was entitled to rehearing. (We note that, in

arguing that she did not receive prior service, respondent erroneously cited provisions of the Civil

No Contact Order Act (see 740 ILCS 22/101 et seq. (West 2022)), which is not at issue here.)

¶ 13 On October 30, 2024, over petitioners’ objections, the trial court granted respondent’s

motions and vacated the default plenary stalking/no contact orders. The court reinstated and

extended the emergency stalking/no contact orders through November 14, 2024, and continued the

matters for rehearing. Each order indicated that the parties were given until November 7, 2024, to

exchange discovery.

¶ 14 Two separate hearings (one for each petition) were held on November 14, 2024. The

hearing on Colin’s petition (case No. 24-OP-1293) occurred first. Colin and her counsel attended

via Zoom; respondent was present in the courtroom.

-4- 2025 IL App (2d) 240765-U

¶ 15 Colin testified that she was “an area director at the Boys & Girls Club of Dundee

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Cite This Page — Counsel Stack

Bluebook (online)
2025 IL App (2d) 240765-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colin-v-montgomery-illappct-2025.