In Re Marriage of Ehgartner-Shachter

851 N.E.2d 237, 366 Ill. App. 3d 278, 303 Ill. Dec. 339, 2006 Ill. App. LEXIS 428
CourtAppellate Court of Illinois
DecidedMay 30, 2006
Docket1-04-3808
StatusPublished
Cited by21 cases

This text of 851 N.E.2d 237 (In Re Marriage of Ehgartner-Shachter) 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 Ehgartner-Shachter, 851 N.E.2d 237, 366 Ill. App. 3d 278, 303 Ill. Dec. 339, 2006 Ill. App. LEXIS 428 (Ill. Ct. App. 2006).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Respondent Jay Farley Shachter (hereinafter, Jay) appeals multiple orders, detailed below, entered by the circuit court in connection with postdecree divorce proceedings. For the reasons that follow, we affirm one of these orders and dismiss the appeal from the remainder of the orders for lack of jurisdiction.

On September 18, 2002, the circuit court transferred the custody of the parties’ minor daughter Hilda, who was to attain the age of majority in 22 days, to Jay. The circuit court reserved the ruling on Jay’s petition to modify child support, which had been filed on August 29, 2002. Also needing resolution were various financial issues, as follows. On September 18, 2002, petitioner Linda Ehgartner-Shachter (hereinafter, Linda) filed a petition for a rule to show cause, alleging that Jay had failed to pay expenses incurred in the past for Hilda’s medical and dental care, as well as medical expenses for the parties’ other daughter Margaret, who had already reached majority. Linda additionally requested that Jay pay the attorney fees she incurred in bringing her petition for a rule to show cause, as well as her attorney fees in connection with the petitions she had previously filed, which were still pending, for medical expenses. Also pending at the time were: Linda’s petition, filed on April 22, 2002, asking that Jay pay for Hilda’s and Margaret’s college expenses; Linda’s amended petition, filed on September 5, 2002, to increase child support retroactive to July 1, 1998; 1 and Linda’s petition, filed on May 23, 2002, for contribution to her attorney fees “to level the playing field.”

On February 3, 2003, Jay brought a petition for contribution to the cost of the custody reevaluation, which had taken place in 2001. On February 5, 2003, the children’s former attorney Howard Rubin, who was discharged on December 5, 2002, brought a final petition for all attorney fees due to him.

On March 13, 2003, attorney Alan Lyons entered his appearance on behalf of Jay. 2 On March 24, 2003, after a number of continuances, a hearing on “all financial issues” was set for April 14, 2003. On April 7, 2003, attorney Lyons filed a motion to withdraw. On April 10, 2003, Jay was present in court and was notified of Lyons’ intention to withdraw, to which he objected. Over Jay’s objection, Judge Raymond A. Figueroa granted Lyons’ motion to withdraw instanter.

On April 11, 2003, Jay, pro se, filed an “Answer and Affirmative Response to Motion to Withdraw.” In that response, Jay admitted that he had received a copy of the motion to withdraw on April 9, 2003, but asserted that the applicable notice and service requirements were violated and therefore the motion to withdraw was not properly before the court.

The next order in the record is dated April 21, 2003. On that date, Judge Figueroa, during a status call on Rubin’s petition for attorney fees, entered an order granting Rubin attorney fees in the requested amount of $15,783, and continuing the matter to May 19, 2003, for status on the apportionment of that sum between the parties. Judge Figueroa noted that both parties failed to appear in court and failed to respond to Rubin’s petition as they were ordered by the court. The trial on other pending matters was apparently continued.

On April 25, 2003, Jay, pro se, filed a motion for summary judgment on the issue of Linda’s contribution to the cost of the custody evaluation. On April 28, 2003, Linda filed a motion to strike and dismiss Jay’s motion for contribution.

On May 19, 2003, attorney Richard A. Wilson of the firm Nottage & Ward filed a motion for leave to enter an appearance on behalf of Jay and to continue the hearing on the allocation of Rubin’s attorney fees to May 29, 2003. Judge Figueroa granted the request for a continuance and took the motion to enter an appearance under advisement.

On May 29, 2003, Judge Figueroa granted Wilson’s motion to enter his appearance instanter-, ordered an escrow in the amount of $2,000 previously established by the court to be turned over to Rubin as partial payment of his attorney fees; and ordered the balance of Rubin’s attorney fees to be allocated among the parties in the course of the trial on postdissolution matters. In addition, Judge Figueroa ordered Jay to pay Linda $1,200 for Hilda’s college tuition and fees, and $250 to reimburse Linda for a lost workday due to Jay asking for a continuance. The trial was continued to June 9 and 10, 2003.

On June 10, 2003, the parties reached an agreement on all pending financial issues, and Judge Figueroa entered an order memorializing the agreement. That order also contained a recitation of several previously entered orders, as well. On June 16, 2003, Judge Figueroa entered a “Conformed Order,” prepared by Jay’s counsel, which contained minor modifications to the June 10, 2003, order. The June 16, 2003, order stated in pertinent part:

“1. By agreement, both parties withdraw all pending petitions and motions;
2. In consideration of paragraph 1, by agreement, [Jay] shall pay [Linda] the sum of $35,000 ***;
3. By agreement, [Jay] and [Linda] shall each be responsible for 50% of tuition, fees, books and supplies for college for their daughter Hilda, until Hilda completes her[ ] undergraduate degree or reaches age 23. ***
4. Pursuant to previous orders, [Jay] shall pay for the orthodontia services [for] Hilda through their completion;
5. Pursuant to previous order, [Jay] shall pay to [Linda] $250 for missed work; said payment to be made pursuant to that Order;
6. This matter is off the call.
7. By agreement, by September 1, 2003, [Linda] shall give [Jay] accounting of tuition, fees, books & supplies paid for [Hilda] for 2003, 1st semester, and receive credit therefor. [Jay] shall receive credit for $1200 already paid, and after all credits and offsets, parties shall pay 50% each of all enumerated college expenses in paragraph 3.” (Emphasis in original.)

On September 4, 2003, having noted Jay’s “continuing objection to the award of fees [to Rubin] and any allocation thereof,” Judge Figueroa allocated the responsibility for Rubin’s attorney fees as follows: 60% to Jay and 40% to Linda. Judge Figueroa further gave Jay credit for $2,000 already paid from the escrow and correspondingly entered a judgment against Jay in the amount of $7,469.80 and against Linda in the amount of $6,333.20. Lastly, Judge Figueroa ordered that “this matter is off call.”

On October 6, 2003, within the 30-day statutory period during which the circuit court still had jurisdiction over the matter, 3 Jay’s attorney Wilson filed a “Praecipe for Fee Hearing.” On December 5, 2003, Wilson filed a petition for final attorney fees and costs Jay owed to his firm. On that date, Wilson and Nottage & Ward also moved to withdraw as Jay’s attorney.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Left Turn Investments, LLC v. Three Four Global Investments, LLC
2023 IL App (1st) 220764-U (Appellate Court of Illinois, 2023)
Lee v. Anderson
2021 IL App (3d) 210030-U (Appellate Court of Illinois, 2021)
JL Properties Group B, LLC v. Pritzker
2021 IL App (3d) 200305 (Appellate Court of Illinois, 2021)
In re Marriage of Crecos
2021 IL 126192 (Illinois Supreme Court, 2021)
Dagen v. Dagen
2021 IL App (5th) 200316-U (Appellate Court of Illinois, 2021)
In re Estate of Williams
2020 IL App (3d) 190357-U (Appellate Court of Illinois, 2020)
In re Marriage of Pavlovich
2019 IL App (1st) 172859 (Appellate Court of Illinois, 2019)
In re Marriage of Teymour
2017 IL App (1st) 161091 (Appellate Court of Illinois, 2017)
Estate of Prather v. Sherman Hospital Systems
2015 IL App (2d) 140723 (Appellate Court of Illinois, 2015)
In Re Marriage of A'hearn
947 N.E.2d 333 (Appellate Court of Illinois, 2011)
Lamar Whiteco Outdoor Corp. v. City of West Chicago
916 N.E.2d 886 (Appellate Court of Illinois, 2009)
In re Marriage of Duggan
Appellate Court of Illinois, 2007
Universal Underwriters Insurance v. Judge & James, Ltd.
865 N.E.2d 531 (Appellate Court of Illinois, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
851 N.E.2d 237, 366 Ill. App. 3d 278, 303 Ill. Dec. 339, 2006 Ill. App. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-ehgartner-shachter-illappct-2006.