In Re Marriage of Drewitch

636 N.E.2d 1052, 269 Ill. App. 3d 1088, 201 Ill. Dec. 620
CourtAppellate Court of Illinois
DecidedJune 10, 1994
Docket1-92-0439
StatusPublished
Cited by7 cases

This text of 636 N.E.2d 1052 (In Re Marriage of Drewitch) 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 Drewitch, 636 N.E.2d 1052, 269 Ill. App. 3d 1088, 201 Ill. Dec. 620 (Ill. Ct. App. 1994).

Opinion

636 N.E.2d 1052 (1994)
269 Ill. App.3d 1088
201 Ill.Dec. 620

In re the MARRIAGE OF Helena DREWITCH, Petitioner-Appellant, and
Edmund Drewitch, Respondent-Appellee.

No. 1-92-0439.

Appellate Court of Illinois, First District, Sixth Division.

June 10, 1994.

*1054 Brenda A. Szeja, Chicago, for appellant.

James A. Corrigan, Chicago, for appellee.

Presiding Justice EGAN delivered the opinion of the court:

After many years of pre-trial proceedings, the trial judge granted the respondent, Edmund Drewitch, what both parties label a default judgment of dissolution from his wife, Helena Drewitch. The judge denied Helena's motion to vacate the judgment. Helena appeals.

Edmund was born in 1913 and Helena in 1930. They met in 1979 or 1980 and married in July 1980. Helena had married and divorced three times before she married Edmund. According to Edmund, Helena spent only 110 days living with him in his Urbana, Illinois home between their marriage in 1980 and their separation in 1982. Helena spent the rest of 1980, 1981, and 1982 living with her sons in Chicago or vacationing in Poland. Helena admitted that, in 1981, she rented an apartment in Chicago and "was just visiting" Edmund whenever she went to Urbana. Nonetheless, Helena stated that she asked Edmund to transfer half of his Urbana home to her and was angry with him until he made her a joint tenant of the home. Edmund testified that Helena took valuable furniture and other personal property from this home without his permission.

In May, 1982, Helena filed a petition for dissolution of the marriage. Edmund answered the petition and filed a counter-petition for dissolution. The record contains a file-stamped copy of Helena's answer to Edmund's counter-petition, but no certificate of service or other proof that this answer was ever served on Edmund or his attorneys.

On September 8, 1982, Judge Buckley ordered Edmund to pay Helena the higher of $750 or 25% of his income, each month, as temporary maintenance. Edmund paid Helena temporary maintenance of $750 each month until October 23, 1991, when Judge Maragos entered the judgment of dissolution. Thus, Edmund paid Helena $81,750 over a period of nine years.

Helena received many continuances while her petition was pending. The record on appeal is composed primarily of orders granting Helena's numerous requests for continuances. Moreover, she admits in her brief that she has "a history of changing attorneys and [failing] personally to appear in court." In fact, she had six attorneys during the trial court proceedings and often received long continuances to obtain new counsel. The trial judge found that she fired or "caused to withdraw" all of her attorneys. At least three of her attorneys withdrew because Helena refused to cooperate with them. One attorney stated that Helena told him she would not attend scheduled trial dates because she would be in Florida, that Helena refused to follow his advice, and that she refused to settle the case, insisting on "requests for settlement [which] are so unreasonable and unrealistic that this matter has been pending in excess of eight years."

Helena's petition was dismissed for want of prosecution once in 1985 and twice in 1986, although these dismissals were vacated. In 1990, Judge Sheldon Gardner refused to rule on Helena's request that Edmund pay many of her medical expenses because Helena had not complied with the judge's order and Edmund's insurance company's request that she be examined by one of several specific physicians. In 1991, Helena initially ignored a notice compelling her to appear at a hearing before Judge Maragos. She appeared before Judge Maragos on July 11, 1991, only after *1055 receiving a second notice compelling her attendance, and was admonished by the judge to appear at the trial set for October 23, 1991.

Nonetheless, on October 17, 1991, Helena sent Edmund's attorney a letter asking the attorney to give Judge Maragos a note from her doctor and to tell Judge Maragos that she could not come to court on October 23. She asked the attorney to obtain an "extension" of at least one month and a court date "not early in the morning, if possible." The doctor's note asked that Helena be excused from any "court appearance for about one month." The note explained that Helena had no new illness, just an "exacerbation of her illnesses," and did not state that this was a recent or sudden change in the condition which kept her from court in May, 1991. Edmund's attorney sent a letter to Helena immediately, informing her that he had called Judge Maragos, that Judge Maragos "does not grant any continuances by telephone," and that Helena should appear on October 23 or "have someone [in court] who can testify competently concerning [her] physical condition."

Helena did not appear on October 23. Instead, she sent her son's girlfriend, Margaret Turska. Turska told the judge that Helena asked her "to deliver papers" to the judge. Turska was not an attorney or a medical professional. Turska handed the judge the doctor's note and Helena's letter to Edmund's attorney. Edmund testified that Helena had called him the night before the hearing and "told [him] not to appear" because "she was sick or something." In response, the judge explained:

"This matter is an '82 case and this is the fourth or fifth attorney she's had, and she's fired all of them. Now, she sends a letter and she doesn't—she wants it continued. I will not give it to her. I told her the last time she was in court this was her last chance to get enough time to appear here, so where is she now?

* * * * * *

* * * She's had four or five lawyers. I lost count. She had a continuance, and the last time, she had an outstanding lawyer, but she won't cooperate and she is her own judge and own lawyer. She has made a mockery of the Court and we cannot continue this matter anymore. She's had more times in court than she's been married to the man, so as a result, I cannot continue the case.

* * * * * *

Tell her that the case has gone—She did have a petition. She just sent a letter and she does that all the time. She's not believable. So just tell her that I'm going ahead with the case * * * I'm going ahead to a hearing today."

The judge then heard Edmund's testimony regarding the grounds alleged in Edmund's counter-petition, but did not hear evidence or make any determination regarding the property issues. The judge granted Edmund's counter-petition for dissolution on the basis of willful desertion. In his order, the judge found that Helena was in default for failing to appear at trial. He set a trial date of December 9, 1991 for the property issues.

On November 12, 1991, Helena filed a motion to vacate this judgment. The motion does not cite any section of the Code of Civil Procedure, but does assert that it was filed within 30 days of the judgment. Edmund responded to this motion, arguing that Helena had made a mockery of the judicial process and did not deserve to have the judgment vacated.

On December 9, 1991, the planned property issue trial date, the judge denied Helena's motion to vacate. Also, he granted Edmund leave to file a "motion to confirm the default." Helena has not placed a transcript of the December 9 proceedings into the record.

In his "motion to confirm the default," Edmund asserted, for the first time, that Helena had never answered the counter-petition and thus was in default.

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Cite This Page — Counsel Stack

Bluebook (online)
636 N.E.2d 1052, 269 Ill. App. 3d 1088, 201 Ill. Dec. 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-drewitch-illappct-1994.