In re Marriage of Koral

551 N.E.2d 242, 194 Ill. App. 3d 933, 141 Ill. Dec. 249, 1989 Ill. App. LEXIS 1448
CourtAppellate Court of Illinois
DecidedSeptember 22, 1989
DocketNo. 1—88—3037
StatusPublished
Cited by3 cases

This text of 551 N.E.2d 242 (In re Marriage of Koral) 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 Koral, 551 N.E.2d 242, 194 Ill. App. 3d 933, 141 Ill. Dec. 249, 1989 Ill. App. LEXIS 1448 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE MURRAY

delivered the opinion of the court:

Respondent-appellant Christine H. Koral,1 appeals from a judgment entered by the circuit court of Cook County on July 25, 1988, dissolving the marriage between herself and petitioner-appellee Wayne B. Koral. Christine appears pro se in this court charging numerous errors requiring reversal of the judgment and remandment of the cause. Wayne has filed a motion to set a bond until certain real estate owned by the parties is sold, and the motion has been taken with the case. For the reasons set forth below, we affirm the trial court.

The record discloses that Christine and Wayne were married on November 9, 1968; two children were born to the parties, namely, Aaron (December 12, 1969) and Scott (June 27, 1971); Wayne was employed by the Chicago police department and the Chicago Public Library; and Christine was employed at Cook County Hospital and has a nursing degree from Northwestern University and a master’s degree from Case Western Reserve.

On May 15, 1984, Wayne filed a petition for dissolution of marriage, alleging as grounds therefor mental cruelty. The pertinent proceedings occurring after the filing of Wayne’s petition are as follows:

1984
May 15 — Emergency petition filed by Wayne for a temporary restraining order (TRO) to enjoin Christine from expending, dissipating, removing, selling, transferring or otherwise disposing of $100,000 in marital assets. Granted.
May 24 — Motion for a temporary injunction filed by Wayne seeking the same relief granted by the TRO. Continued.
June 4 — Injunction entered against both Wayne and Christine prohibiting them from harassing or threatening each other and from taking any action relative to the $100,000 in marital property as previously set forth in the May 15 TRO.
June 20 — Appearance by Goldstein, Simon, Briskman & Briskman filed on behalf of Christine.
August 22 — Various interrogatories and discovery requests filed by the parties.
1985
February 15 — Motion filed by Goldstein, Simon, Briskman & Briskman to withdraw as Christine’s attorneys, stating that on numerous occasions they were unable to reach her by telephone or correspondence. Granted.
July 17 — Appearance filed by Solomon Gutstein on behalf of Christine.
1986
February 4 — Petition for temporary child support, custody and attorney fees filed by Wayne.
February 19 — After contested hearing, Wayne awarded sole temporary custody of minor children of the parties, Christine ordered to pay child support in the amount of 25% of her net income or $500 per month, and question of attorney fees continued generally.
February 20 — Motion filed by Solomon Gutstein for attorney fees and to withdraw as Christine’s attorney based on Christine’s “inability to communicate productively.” Motion to withdraw granted. Question of fees continued (and motion later withdrawn on June 12).
April 28 — Petition filed by Wayne for rule to show cause as to why Christine should not be held in contempt of court for failure to pay temporary child support pursuant to February 19 order and petition seeking contribution from Christine for attorney fees.
April 29 — Christine represented by Ross Shugan, court finds Christine in contempt of court for failure to pay temporary child support and court orders her to pay same and keep current, and question of attorney fees continued to May 13.
May 6 — Supplemental petition for attorney fees filed by Wayne.
May 13 — Order entered giving Christine 28 days to obtain another attorney and setting Wayne’s petition for attorney fees for hearing on June 10 “without further notice” and notwithstanding whether Christine has retained counsel by that date.
June 10 and 17, and July 3 — Wayne’s petition for attorney fees continued at the request of Christine.
July 17 — Contested hearing held on Wayne’s petition for attorney fees and Christine ordered to pay his attorneys $2,000.
September 19 — Second petition for rule to show cause filed by Wayne, alleging Christine had paid $500 to purge earlier contempt citation but had paid only $150 in child support since May 1986.
October 7 — Court finds Christine $3,300 in child support arrears, withholding order is filed, and a rule to show cause is entered as to why Christine should not be held in contempt of court.
December 3 — Request by Christine for time within which to obtain another attorney granted.
1987
January 9 — Appearance of Elsie G. Holzwarth filed on behalf of Christine.
January 15 — Case set for pretrial conference on March 16, and trial on March 17 “if said conference does not result in a resolution of contested issues.”
May 11 — Motion by Elsie G. Holzwarth to withdraw as attorney for Christine, stating lack of cooperation by Christine and fears that Christine’s actions might be taken “merely for the purpose of harassment,” which might result in her being charged with “violations of a disciplinary rule, particularly under Canon 7.” Order granting motion to withdraw as counsel granted and Christine allowed 21 days to obtain another attorney.
July 15 — Third petition for rule to show cause filed by Wayne, alleging that Christine, even after having been found in contempt of court, is $6,000 in arrears in child support.
July 22 — Third petition for rule to show cause continued to August 26 for hearing “without further notice” and whether or not Christine has retained another attorney.
August 26 — Rule to show cause issued against Christine and question of attorney fees continued to October 7.
October 7 — Court rules all matters relative to Wayne’s third petition for rule to show cause to be heard at trial. 1988
April 12 — Trial commences. Christine, who is not represented by counsel, requests a continuance. Request denied and Christine proceeds pro se.
April 13 — Parties enter into an agreement to settle all issues. Christine accepts terms of settlement. Hearing set for April 28 to discuss the settlement reached.
April 28 — Christine changes her mind, based on the subsequent advice of “others” and objects to the presentation of the judgment for dissolution.

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Cite This Page — Counsel Stack

Bluebook (online)
551 N.E.2d 242, 194 Ill. App. 3d 933, 141 Ill. Dec. 249, 1989 Ill. App. LEXIS 1448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-koral-illappct-1989.