In Re Marriage of Auriemma

648 N.E.2d 118, 271 Ill. App. 3d 68, 207 Ill. Dec. 662
CourtAppellate Court of Illinois
DecidedJanuary 11, 1995
Docket1—90—1761, 1—90—1896 cons.
StatusPublished
Cited by48 cases

This text of 648 N.E.2d 118 (In Re Marriage of Auriemma) 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
In Re Marriage of Auriemma, 648 N.E.2d 118, 271 Ill. App. 3d 68, 207 Ill. Dec. 662 (Ill. Ct. App. 1995).

Opinion

PRESIDING JUSTICE TULLY

delivered the opinion of the court:

Petitioner, Emily Auriemma, and respondent, Michael Auriemma, were awarded a judgment for dissolution of marriage on May 10, 1989. Respondent appeals from the trial court’s judgment on the issues of child custody, division of the marital estate and allocation of attorney fees. Petitioner cross-appeals and challenges the division of the marital estate. In a separately filed appeal, the law firm of Schiller, Du Canto & Fleck (hereinafter SDF), which represented petitioner for approximately 1½ years throughout the preliminary stages of this litigation, appeals from the trial court’s award of attorney fees. We consolidated the appeals. Jurisdiction is vested in this court pursuant to Supreme Court Rule 301 (134 Ill. 2d R. 301).

For the reasons which follow, we affirm in part and reverse in part and remand with directions.

FACTUAL BACKGROUND

The record clearly demonstrates that respondent subjected petitioner to an almost unending series of physical and emotional abuse during the course of their troubled marriage. We do not feel it necessary to envelope in buckram the particulars of a disturbing story which would serve only to cause future embarrassment to innocent persons unfortunately drawn into this controversy. Accordingly, we shall put forth only those facts which we deem essential.

On June 9, 1986, petitioner contacted SDF and conferred with the firm on obtaining a divorce from respondent. On June 11, 1986, petitioner filed a petition for dissolution of her marriage, along with a petition for an order of protection against respondent. In her petition for a protection order, petitioner stated that she was in fear for her life and was afraid to vacate the marital residence in Bensenville, Illinois. On June 12, 1986, the trial entered an ex parte order of protection and a temporary restraining order concerning the parties’ assets. Accompanied by the Bensenville police and a private armed guard, petitioner moved from the marital residence to an apartment in Chicago.

Subsequently, the litigation seemed to expand almost exponentially into a guerre a mort. First, there was a considerable amount of legal wrangling that went on in Du Page County. Eventually, after an appeal, those collateral proceedings ended.

Next, the original ex parte order, which was extended for another 21 days, was subsequently extended for a full year, until June 30, 1987. Almost immediately after its entry, respondent began violating the protection order. Consequently, a series of hearings and new orders ensued. At one particularly bizarre point, it was determined that the telephone in petitioner’s Chicago apartment had been bugged. Needless to say, this occurrence led to even more satellite litigation.

Eventually, these extraneous matters wound down and the trial court was permitted to get to the business of apportioning the marital estate, awarding custody and visitation of the parties’ children and providing for their support, and awarding and apportioning attorney fees.

ISSUES PRESENTED FOR REVIEW

On appeal, respondent argues that: (1) the trial court erred in its award of child custody and visitation; (2) the trial court erred in dividing the marital estate; and (3) the trial court erred in its allocation of attorney fees between the parties. On cross-appeal, petitioner urges that the trial court erred in its allocation of the marital estate. In its appeal, SDF contends that the trial court erred in its award of attorney fees.

OPINION

Respondent first contends that the trial court’s decision to split custody of the couple’s two minor sons (giving Joey to petitioner and Michael Jr. to respondent) was contrary to the best interests of the children. However, we believe that this issue is moot.

"It is a well-recognized principle of law that a reviewing court will decide only actual controversies in which the interests or rights of the parties to the litigation can be granted effectual relief. [Citation.] An appeal becomes moot when a court can no longer effect the relief originally sought by an appellant or when the substantial question involved in the trial court no longer exists.” (HealthChieago, Inc. v. Touche, Ross & Co. (1993), 252 Ill. App. 3d 608, 610.) When a case is moot, a reviewing court’s decision on the merits cannot afford either party relief and, thus, any decision so reached is merely an advisory opinion. (In re Marriage of Landfield (1987), 118 Ill. 2d 229.) "Illinois courts do not issue advisory opinions and should not indulge in the practice of rendering opinions simply for the sake of creating precedents to govern future cases.” (People v. Halasz (1993), 244 Ill. App. 3d 284, 285-86.) In the case sub judice, Michael Jr. has now reached the age of majority and, therefore, the issue of the two minor children being separated is no longer an actual controversy in which this court can grant any real relief. Accordingly, we cannot reach this issue.

We now turn to respondent’s assertion that the trial court’s division of marital property was an abuse of discretion. Specifically, respondent argues that the trial court incorrectly failed to order petitioner to pay an "equitable share” of a marital debt owed to respondent’s mother and incorrectly credited petitioner with $30,000 in connection with a bank account. Additionally, respondent assigns error to the trial court’s requiring him to pay petitioner $10,300 in connection with temporary maintenance and child support arrearage.

We begin our discussion of this issue by noting that a point raised but not argued or supported by citation to relevant authority fails to meet the requisites of Supreme Court Rule 341(e)(7) (134 Ill. 2d R. 341(e)(7)) and, therefore, is deemed waived. (Brown v. Tenney (1988), 125 Ill. 2d 348, 362.) Moreover, we wish to emphasize that "[a] reviewing court is entitled to have the issues on appeal clearly defined with pertinent authority cited and a cohesive legal argument presented. The appellate court is not a depository in which the appellant may dump the burden of argument and research.” (Thrall Car Manufacturing Co. v. Lindquist (1986), 145 Ill. App. 3d 712, 719.) Accordingly, any issue not clearly defined and sufficiently presented is also deemed waived. Vincent v. Doebert (1989), 183 Ill. App. 3d 1081, 1087.

Respondent’s discussion of this issue opens with what is nothing more than an attempt to retry the facts in the appellate court bolstered only by self-serving conclusions. The only authority cited was a single cite to a case on an undisputed general principle of law. There is no argument or reasoned analysis, only pontification. Accordingly, we find respondent has waived argument of this issue by his failure to cite any relevant authority and properly present it. (Brown, 125 Ill. 2d 348.) Assuming, arguendo, that this issue was properly presented to this court, our examination of the record inextricably leads to the conclusion that there was no error in the trial court’s allocation.

That said, we review respondent’s contention that the trial court erred in its allocation of attorney fees between the parties.

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Bluebook (online)
648 N.E.2d 118, 271 Ill. App. 3d 68, 207 Ill. Dec. 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-auriemma-illappct-1995.