In Re Marriage of Travlos

578 N.E.2d 1267, 218 Ill. App. 3d 1030, 161 Ill. Dec. 621, 1991 Ill. App. LEXIS 1578
CourtAppellate Court of Illinois
DecidedSeptember 5, 1991
Docket1-90-1355
StatusPublished
Cited by22 cases

This text of 578 N.E.2d 1267 (In Re Marriage of Travlos) 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 Travlos, 578 N.E.2d 1267, 218 Ill. App. 3d 1030, 161 Ill. Dec. 621, 1991 Ill. App. LEXIS 1578 (Ill. Ct. App. 1991).

Opinion

JUSTICE LINN

delivered the opinion of the court:

The circuit court of Cook County entered a judgment dissolving the marriage of petitioner, Evangelia Travlos, and respondent, Dioni-sios Travlos. Included in the judgment was a distribution of the marital assets.

Dionisios subsequently filed a petition for relief from judgment. (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1401.) He petitioned the trial court to vacate the judgment and redistribute the marital assets. The trial court dismissed the petition. Dionisios then filed a motion to vacate the dismissal; the trial court denied the motion. Dionisios appeals from both orders, contending that the trial court exceeded its discretion.

We affirm the orders of the trial court.

Background

A

The record contains the following pertinent facts. On October 22, 1985, Evangelia filed an amended petition for dissolution of marriage. In the petition, after describing their marital property, Evangelia alleged that she had “no assets, income, or property.”

On October 28, 1987, Evangelia filed a response to Dionisios’ request for production of documents. She stated in pertinent part:

“1. Petitioner [Evangelia] has had no legal, equitable or beneficial interest [in] any bank accounts for the period of January 1, 1984 to present, except as Guardian of Nick Vasilatos in that capacity held a checking and a money market account held at the First National Bank of Lincolnwood from approximately December 1985 until his demise in March 1987. No documents pertaining to these accounts are in possession of [Evangelia], being retained in the possession of [her probate attorney].”

On November 10, 1987, Evangelia filed an affidavit in which she stated as follows:

“II. *** Petitioner [Evangelia] further states that she personally owns no real estate in any foreign country but had acquired an interest in vacant farm land belonging to her uncle [Nicholas Vasilatos] and she believes that a Greek Court divested her of that interest. Matters pertaining to said proceeding both in the Probate Court of Cook County and in a Greek Court were documented by papers now in the possession of her probate attorney ***.
[III]E. Affiant [Evangelia] had personal control over two bank accounts at the First National Bank of Lincolnwood, a checking account and a Money Market Account in her name and that of Nicholas Vasilatos, her uncle, a disabled person. These accounts became the subject matter of a Probate proceeding handled by [Evangelia’s probate attorney] and he was given all of the documents in her possession and he retains same to this date.”

On November 16, 1987, Evangelia testified in a deposition as follows:

“Q. Are there any other accounts that you have any money in at the present time?
A. No.
Q. Any accounts in Greece?
A. No.
Q. Is that property now yours?
A. No, they took it away from me.
Q. When did they take it away?
A. I don’t know exactly.
Q. Were you in Greece at the time they took it away?
A. I was, but I didn’t know, I found out later.
Q. When you were in Greece it didn’t happen that they took this property away from you?
A. No. They did, they have it, but I didn’t know at the time
Q. Who was the person who claimed the right to the property?
A. His nephew.
Q. So as you know, this property was taken away from you and now belongs to the nephew?
A. Yes.”

On April 11, 1988, Evangelia testified during her direct examination at trial as follows. Dionisios owned property in Greece prior to their marriage, but they built a house on the property subsequent to the marriage. Further, they spent between $2,000 and $3,000 annually, for 16 or 17 years, to maintain the property. The fair market value of the property with the house was between $40,000 and $50,000. She last saw this property in 1980. Evangelia’s attorney asked her whether she or Dionisios owned any other real estate in Greece. She testified that Dionisios owned farmland in Greece that he acquired prior to the marriage.

During cross-examination by Dionisios’ counsel, Evangelia provided additional testimony on Dionisios’ land in Greece. Dionisios’ counsel questioned Evangelia on how Dionisios acquired the land, and the extent of the furnishings of the house in Greece. Dionisios’ counsel did not question Evangelia on her interest in the land acquired from her uncle.

On October 27, 1988, the trial court entered judgment dissolving the marriage of Evangelia and Dionisios. The judgment also allocated their assets. One such provision is as follows:

“V. That each of the parties shall be awarded their [sic] respective properties located in Greece, free and clear of any interest that the other may have therein.”

B

On November 23, 1988, Dionisios filed his first post-trial motion. (See Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1203.) Dionisios raised therein various issues pertaining to the distribution of marital property. On January 26,1989, the trial court denied the motion.

On February 7, 1989, Dionisios filed a second post-trial motion — a petition to vacate the judgment pursuant to section 2 — 1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1401). Dionisios alleged as follows. He learned facts that would have changed the judgment had they been available. Dionisios learned of these facts from a pleading in the estate proceeding of Evangelia’s uncle. Further, Evangelia knew of these facts long before the trial court entered judgment, “but she misled [the trial court] by either omitting to reveal them affirmatively or by deliberately stating falsehoods when asked about them specifically.”

Dionisios accused Evangelia of individually owning land in Greece. On August 26, 1985, Evangelia contracted with her uncle to buy, based on Greek property law, the “naked title” to a parcel of land in Greece. In May 1986, Evangelia contracted to buy the “use or usu-fruct” of the same property.

Dionisios noted that litigation ensued in Greece over the right to possess the above-mentioned property.

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Bluebook (online)
578 N.E.2d 1267, 218 Ill. App. 3d 1030, 161 Ill. Dec. 621, 1991 Ill. App. LEXIS 1578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-travlos-illappct-1991.