In re Marriage of Gorazd

2026 IL App (5th) 250745-U
Appellate Court of Illinois·Decided June 18, 2026·No. 5-25-0745·Unpublished

Opinion

NOTICE

2026 IL App (5th) 250745-U NOTICE

Decision filed 06/18/26. The This order was filed under text of this decision may be NO. 5-25-0745 Supreme Court Rule 23 and is changed or corrected prior to the filing of a Petition for not precedent except in the

Rehearing or the disposition of IN THE limited circumstances allowed the same. under Rule 23(e)(1).

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT

In re MARRIAGE OF ) Appeal from the ) Circuit Court of

ANGELA J. GORAZD, ) St. Clair County.

)

Petitioner-Appellee, )

)

and ) No. 24-DC-179 )

STEPHEN M. GORAZD, ) Honorable ) Alana I. Mejias,

Respondent-Appellant. ) Judge, presiding.

JUSTICE BOLLINGER delivered the judgment of the court.

Justices Boie and McHaney concurred in the judgment.

ORDER

¶1 Held: Where a letter of intent received subsequent to the conclusion of an auction was not comparable to the highest bid obtained during the auction, it was not an abuse of discretion for the circuit court to approve the auction bid.

¶2 During these litigious dissolution proceedings, petitioner Angela J. Gorazd was granted leave to list certain business/real estate assets with an auction house. After receiving a bid through the court-approved process, Angela sought the circuit court’s approval of the highest bid. Respondent Stephen M. Gorazd objected during the hearing on the motion to approve the bid, arguing that he had received a letter of intent for an amount exceeding the highest bid by $600,000 after the auction had concluded. Upon review of the letter of intent, the circuit court determined that the letter contained references to additional property not included in the auction, which was

excluded at Stephen’s request. The circuit court concluded that the letter of intent could not be considered comparable to the bid. Because the letter of intent was received after the auction closed and was not an actual bid, the circuit court approved the auction house’s highest bid. Stephen appealed, asserting that it was error for the circuit court to reject his letter of intent in favor of the highest bid. For the reasons set forth below, we affirm the circuit court’s decision to approve the highest bid.

¶3 I. BACKGROUND

¶4 Only those facts and pleadings pertinent to this appeal will be addressed. On May 29, 2024, petitioner Angela J. Gorazd filed a petition for dissolution of marriage against respondent Stephen M. Gorazd. On November 21, 2024, Angela filed a petition seeking authority to sell marital assets. Concerning this appeal, it is noted that the parties owned two businesses: Hidden Lake Winery (Hidden Lake) and Bella Vista Winery LLC. Angela indicated that the businesses were under Stephen’s sole control and that he had defaulted on the Hidden Lake loan. She requested that the circuit court grant authority to sell the businesses. Stephen did not file a response.

¶5 On November 25, 2024, a temporary order was entered, which stated that Stephen was granted 60 days to obtain a valuation of both wineries, “otherwise, the wineries shall be listed for sale.” Stephen never filed a valuation of the wineries. On March 4, 2025, the circuit court entered an order stating, in part, that “after agreement,” the parties were to submit proposals for a person to sell the businesses within 30 days. The common law record does not reflect any such proposals on file. On May 13, 2025, a temporary order was entered which indicated, in part, that Hidden Lake was to be listed for sale with Coldwell Banker.

¶6 On June 12, 2025, Angela filed a motion to amend the order issued on May 13, 2025. She stated that Coldwell Banker was unable to handle the sale of businesses and properties, and she

requested that Hidden Lake be listed for sale with Adam’s Auction and Real Estate Services (Adam’s Auction). Stephen did not file any response. The matter was scheduled for a hearing on June 23, 2025; however, no report of proceedings was provided for review. A written temporary order was issued on the same date, granting the motion to modify and ordering that Hidden Lake be listed for sale with Adam’s Auction, with the circuit court retaining “final approval of the final bid.” On August 14, 2025, the circuit court issued an order clarifying that the sale of Hidden Lake shall encompass “the land, buildings, fixtures, kitchen equipment, restaurant equipment, and tables and chairs.” The order further specified that any items remaining separate shall remain on the property until further order of court.

¶7 On August 29, 2025, Angela filed a motion seeking approval for a bid regarding Hidden Lake. The motion was accompanied by an auction contract reflecting a total purchase price of $2,014,000. Stephen did not file a response. A hearing was held on September 3, 2025. Angela’s attorney stated that she understood a letter of intent had been submitted to Stephen on September 1, 2025, after the auction’s conclusion, and not through Adam’s Auction. This document was not presented as an offer but as a letter of intent to purchase Hidden Lake for $2.5 million, including vehicles and equipment that Stephen had previously requested be excluded from the auction. The attorney characterized the letter of intent as suspicious because it was submitted through improper channels, noting it was likely sent after the auction closed, presumably after the winning bid was determined. The attorney requested that the circuit court approve the bid processed through Adam’s Auction.

¶8 Stephen opposed the entry of such an order and confirmed receipt of the letter of intent. According to Stephen, the letter of intent complied with all auction terms and conditions and

included a proposed down payment of $50,000. Stephen contended that the bid exceeded the auction offering by $600,000 and included all of Hidden Lake’s assets.

¶9 After hearing arguments of counsel, the circuit court discussed the written terms of the auction agreement and observed that the wine, wine-making equipment, and wine license were not to be transferred as part of the sale pursuant to a request attributable to Stephen’s desire to exclude these assets from the auction. The circuit court noted that Stephen’s claim of receipt of a higher bid was somewhat disingenuous, as the letter of intent was not based on the same sale— specifically, it targeted not only the real estate and property but also included the wine, wine- making equipment, and wine licensing. The circuit court concluded that it could not compare the letter of intent with the auction contract because they pertained to different terms. Ultimately, the circuit court approved the Adam’s Auction bid over Stephen’s objection. A written order was entered on September 3, 2025, approving the bid for Hidden Lake. On September 16, 2025, the circuit court entered an order, over Angela’s objections, finding that the September 3, 2025, order was appealable. On the same date, Stephen filed a notice of appeal pursuant to Illinois Supreme Court Rule 304(a) (eff. Mar. 8, 2016).

¶ 10 II. ANALYSIS

¶ 11 On appeal, Stephen initially contends that, as the circuit court did not hear live testimony, our standard of review should be de novo. He argues that the circuit court failed to make any findings regarding how or why the auction bid constitutes a superior offer, noting that the auction bid was $600,000 less than the letter of intent. Furthermore, he maintains that Angela bore the “burden of persuasion in her motion to enter judgment to accept the auction bid” but did not present any evidence to support her assertion that the letter of intent was either different or inferior to the auction bid. He also asserts that Angela did not provide evidence demonstrating that the wine-

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

In re Marriage of Gorazd, 2026 IL App (5th) 250745-U (Ill. Ct. App. 2026).

2026 IL App (5th) 250745-U (In re Marriage of Gorazd) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Marriage of Vancura
825 N.E.2d 345 (Appellate Court of Illinois, 2005)
In Re Marriage of Moore
719 N.E.2d 326 (Appellate Court of Illinois, 1999)
Capital One, N.A. v. Banks
2025 IL App (1st) 241412-U (Appellate Court of Illinois, 2025)