In the Matter of Lee

2023 IL App (3d) 200271-U
CourtAppellate Court of Illinois
DecidedMay 10, 2023
Docket3-20-0271
StatusUnpublished

This text of 2023 IL App (3d) 200271-U (In the Matter of Lee) 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 the Matter of Lee, 2023 IL App (3d) 200271-U (Ill. Ct. App. 2023).

Opinion

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

2023 IL App (3d) 200271-U

Order filed May 9, 2023 ____________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

IN THE MATTER OF THE DONALD LEE ) Appeal from the Circuit Court ROPP, SR. LIVING TRUST, under agreement ) of the 14th Judicial Circuit, dated May 19, 2016 ) Henry County, Illinois. ) (Larry L. Ropp, as Trustee of THE DONALD LEE ) Appeal Nos. 3-20-0271, 3-20-0272, ROPP, SR. LIVING TRUST, under agreement ) 3-20-0273, 3-20-0274, 3-20-0275, dated May 19, 2016, ) 3-20-0276 ) Petitioner-Appellant, ) Circuit Nos. 19-CH-57, 17-P-117, ) 20-P-8, 20-P-7, 19-P-114, 17-CH-27 Donald L. Ropp, Jr. and Sena Ropp, ) ) The Honorable Mark A. VandeWiele, Respondents-Appellees). ) Judge, Presiding.

___________________________________________________________________________

JUSTICE McDADE 1 delivered the judgment of the court. Justices Albrecht and Davenport concurred in the judgment. ____________________________________________________________________________

ORDER

¶1 Held: The trial court had jurisdiction to enter its July 20, 2020, order, clarifying a prior ruling. We also uphold the July 20 order on its merits because appellant Raymond L. Ropp has failed to offer a valid legal basis for overruling the order after he was removed as trustee.

1 This case was administratively reassigned to Justice McDade on December 19, 2022. ¶2 This interlocutory appeal arises out of a family’s protracted litigation over the living trust

of Donald Ropp, Sr. The underlying cases were consolidated in the trial court. In this appeal, a

former trustee of the trust, Raymond L. Ropp, contends that the trial court lacked jurisdiction to

enter an order clarifying a prior ruling and that the clarification was legally erroneous on its

merits. After reviewing the appeal in light of one of our recent decisions in this case, we affirm

the trial court's clarification order.

¶3 I. BACKGROUND

¶4 In an unpublished decision, this court recently recited the lengthy and complex factual

and procedural history leading up to the June 24, 2020, decision of the Henry County circuit

court to remove Raymond L. Ropp as the trustee of the living trust created by his father, Donald

Ropp, Sr. (Don Sr.), due to Raymond’s material breach of duty. Ropp v. Ropp, 2023 IL App (3d)

200227-U, ¶¶ 4-20. Accordingly, we need not restate the case’s extensive history in its entirety.

¶5 For purposes of this appeal, it is sufficient to note that the underlying proceedings involve

a highly contentious family dispute over the control and construction of Don Sr.’s trust after his

death. Those cases implicate the interests of Don Sr.’s now-deceased wife, Reba F. Ropp, as well

as his four adult children, Donald Ropp, Jr. (Don Jr.), Sena Ropp, Larry L. Ropp, and Raymond

L. Ropp, who were all named as beneficiaries of the trust.

¶6 After a lengthy hearing, the trial court removed Raymond as trustee on June 24, 2020,

finding that he had improperly “ ‘failed to provide an accounting as required by statute, the terms

of the trust, and the order of this court,’ ” despite roughly $250,000 in cash remaining

unaccounted for, an outstanding debt of $40,000 in legal fees, and no mention of Raymond's

personal debt to Don Sr. Id. ¶ 17. The order concluded that Raymond “ ‘is incapable of being

2 impartial as required by 760 ILCS 3/803 causing him to materially fail in his fiduciary duties.’ ”

Id. ¶ 18. The court named Blackhawk State Bank as successor trustee and a retired Rock Island

circuit court judge as alternate successor trustee. In addition, the trial court retained jurisdiction

to appoint another successor trustee, if necessary. Finally, Raymond was ordered to file a written

accounting with the court to conclude his duties as trustee.

¶7 Prior to his June 24 removal, Raymond had filed a number of appeals in his official

capacity as trustee, and several of those appeals remained pending at the time of Raymond’s

removal. On June 30, the respondents in the instant appeal 2 filed a “Joint Motion for

Clarification” of the court’s June 24 removal order, seeking to address the scope of Raymond’s

continuing authority to participate in the pending appeals. The joint motion noted that Raymond

had filed an interlocutory appeal immediately after the entry of the June 24 removal order in

which he argued both that the trial court lacked jurisdiction to enter the order and that the ruling

was wrongly decided on its merits.

¶8 The June 24 order stated that Raymond “has authority to pursue matters currently on

appeal but is prohibited from using trust assets to fund said appeal.” To address questions that

arose after the entry of that order, the responding parties filed their joint motion, requesting

“clarification as to the capacity in which Raymond and [his counsel] may continue to pursue

pending appeals.” (Emphasis in original.) Specifically, the joint motion sought to clarify: (1)

whether the June 24 order “authorizes Raymond to pursue pending and future appeals only in his

individual capacity and not as Trustee, now removed;” (2) “whether all appeal determinations

relative to the Trust are the dominion of the post-Raymond Trustee;” and (3) “whether only the

For purposes of this appeal, the respondents are Donald L. Ropp, Jr., Sena M. Ropp, and Donald 2

E. Mortenson, Jr., as executor of the Estate of Reba F. Ropp. 3 post-Raymond Trustee is authorized to engage Califf & Harper, P.C. as counsel for the Trust and

until the post-Raymond Trustee takes affirmative steps to do so whether Calif & Harper, P.C. is

barred from engaging in any further representation of the Trust.”

¶9 On July 20, 2020, the trial court issued an order clarifying that Raymond could pursue

pending appeals in his individual name only; he could not pursue those appeals as the trustee of

Don Sr.’s trust. Although Raymond challenged both the trial court’s June 24 and July 20 orders,

his 38-page notice of appeal in the instant case involves only the July 20 order.

¶ 10 II. ANALYSIS

¶ 11 Raymond presents three issues on appeal: (1) whether the trial court had jurisdiction to

enter the July 20 order clarifying its June 24 order removing Raymond as trustee; (2) whether the

July 20 order erroneously barred Raymond from pursuing pending trust appeals as trustee,

asserting that he could participate only in his individual capacity; and (3) if this court resolves

the appeal in Raymond’s favor, whether all further proceedings in the ongoing litigation should

be reassigned to a different judge of the Henry County circuit court.

¶ 12 A. Jurisdiction

¶ 13 We review de novo the question of whether the trial court had jurisdiction to issue its July

20 order. In re John C.M., 382 Ill. App. 3d 553, 558 (2008). Critically, this court recently

decided a closely related question: whether the trial court had jurisdiction to enter its June 24

order removing Raymond as trustee. Ropp, 2023 IL App (3d) 200227-U. In our unpublished

order upholding the June 24 ruling, we conducted an extensive review of the parties’

jurisdictional arguments, arguments that are largely renewed in the instant appeal.

¶ 14 Raymond makes two primary jurisdictional arguments here.

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

Related

Town of Libertyville v. Bank of Waukegan
504 N.E.2d 1305 (Appellate Court of Illinois, 1987)
Krautsack v. Anderson
861 N.E.2d 633 (Illinois Supreme Court, 2006)
People v. Sutton
908 N.E.2d 50 (Illinois Supreme Court, 2009)
People v. Tenner
794 N.E.2d 238 (Illinois Supreme Court, 2003)
In Re John CM
904 N.E.2d 50 (Appellate Court of Illinois, 2008)
In re N.L.
2014 IL App (3d) 140172 (Appellate Court of Illinois, 2014)
People v. Coty
2020 IL 123972 (Illinois Supreme Court, 2020)
Ropp v. Ropp
2023 IL App (3d) 200227-U (Appellate Court of Illinois, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
2023 IL App (3d) 200271-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-lee-illappct-2023.