In Re Marriage of Brown

506 N.E.2d 727, 154 Ill. App. 3d 179, 106 Ill. Dec. 927, 1987 Ill. App. LEXIS 2284
CourtAppellate Court of Illinois
DecidedApril 6, 1987
Docket4-86-0561
StatusPublished
Cited by7 cases

This text of 506 N.E.2d 727 (In Re Marriage of Brown) 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 Brown, 506 N.E.2d 727, 154 Ill. App. 3d 179, 106 Ill. Dec. 927, 1987 Ill. App. LEXIS 2284 (Ill. Ct. App. 1987).

Opinion

JUSTICE LUND

delivered the opinion of the court:

Petitioner, Gale R. Brown, appeals from an order of the circuit court of Champaign County which found that no personal jurisdiction existed over respondent, and ordered the service of summons upon her quashed.

Petitioner filed his petition for dissolution of marriage in the circuit court of Champaign County on August 16, 1985. He listed his address as Rantoul, Illinois, and his employment as the United States Air Force, Chanute Air Force Base. Respondent Bonnie S. Brown’s residence was listed as Virginia Beach, Virginia. On August 23, 1985, respondent was personally served with summons by the deputy sheriff for the city of Virginia Beach, State of Virginia.

Respondent filed a special and limited appearance on September 19, 1985, attacking personal jurisdiction because of her nonresidence in the State.of Illinois. Until September 19, 1985, her only connection with the State of Illinois was letters she wrote and phone calls she made to military personnel at the Chanute Air Force Base.

Petitioner filed an affidavit on October 2, 1985, that stated in part:

“3. That after he was assigned to Chanute Air Force Base, his wife, (Respondent herein) began an active campaign to extort inordinate sums of child support from him and threatened — in phone calls and letters to Petitioner (received in Champaign County, Illinois) to ‘ruin’ his Air Force career if he did not pay sums in excess of 40% of his pay.
4. That thereafter, during the summer of 1984, Respondent carried out said threat by phone calls and letters to Petitioner’s commander at Chanute Air Force Base accusing (falsely) Petitioner of acts of child molestation [111. Rev. Stat., ch. 38, pars. 12 — 15], a civil felony and military General Court Martial offense [Art. 134, Unif. Code of Mil. Justice, 10 USC, sec. 934], which could result in his discharge from the Air Force; that said allegations resulted in an extensive military criminal investigation at Chanute Air Force Base which was resolved in Petitioner’s favor.”

In addition, petitioner filed an answer to the special and limited appearance contending that because of the actions set forth in the affidavit respondent had submitted herself to the jurisdiction of the Illinois courts.

On March 11, 1986, the trial court ruled that in rem jurisdiction existed, but the court lacked in personam jurisdiction. A docket order was entered on that day quashing the service of summons. A motion to reconsider the jurisdiction question was filed on June 19, 1986, the same date as the hearing on grounds. A docket entry on June 19 indicated the denial. The written judgment of dissolution filed on July 28, 1986, effectively denied the motion for reconsideration. Petitioner’s notice to appeal the jurisdiction decision was filed August 27, 1986.

Respondent has filed no brief in this court. However, the record is simple, and the claimed error may be decided on the merits without the brief. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128, 133, 345 N.E.2d 493, 495.

Petitioner argues respondent’s actions resulted in personal jurisdiction under the provisions of section 2 — 209 of the Code of Civil Procedure (111. Rev. Stat. 1985, ch. 110, par. 2 — 209). Section 2 — 209 provides in part:

“(a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:
* * *
(2) The commission of a tortious act within this State;
* * *
(5) With respect to actions of dissolution of marriage and legal separation, the maintenance in this State of a matrimonial domicile at the time this cause of action arose or the commission in this State of any act giving rise to the cause of action.
(b) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section,, may be made by personally serving the summons upon the defendant outside this State, as provided in this Act, with the same force and effect as though summons had been personally served within this State.
(c) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him or her is based upon this Section.”

Petitioner argues the false and slanderous accusations were activities by respondent falling within the purview of section 2 — 209, and therefore, petitioner has in personam jurisdiction over respondent. Essentially, petitioner argues that because respondent’s false and slanderous accusations provided the grounds for his dissolution of marriage action, section 2 — 209 provides for personal jurisdiction over respondent.

It is clear that the trial court had in rem jurisdiction. Section 401(a) of the Illinois Marriage and Dissolution of Marriage Act (the Act) (111. Rev. Stat. 1985, ch. 40, par. 401(a)) provides in part:

“The court shall enter a judgment of dissolution of marriage if at the time the action was commenced, one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days next preceding the commencement of the action or the making of the finding.”

Personal service or service by publication on a nonresident completes the requirements for in rem jurisdiction, that is, jurisdiction of marital status, even though the grounds took place in a different State. (In re Marriage of Goslin (1982), 106 Ill. App. 3d 87, 435 N.E.2d 821.) Petitioner had been stationed in Illinois as a member of the armed forces for at least 90 days prior to commencing the dissolution action. Respondent was served personally in Virginia. Therefore, petitioner had established at least in rem jurisdiction in order to obtain the dissolution of his marriage.

At this point, we wish to make a technical comment. The order of the trial court was to quash the service of summons. If we accept this order, the in rem jurisdiction is destroyed as well as the in personam jurisdiction. It is clear from the other written findings that the trial court simply meant to rule that there was no in personam jurisdiction over respondent. Therefore, our holding, as we explain below, is to reverse the order to quash the service of summons, but to affirm the trial court’s finding that no in personam jurisdiction existed.

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Cite This Page — Counsel Stack

Bluebook (online)
506 N.E.2d 727, 154 Ill. App. 3d 179, 106 Ill. Dec. 927, 1987 Ill. App. LEXIS 2284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-brown-illappct-1987.