Stella v. Garcia

818 N.E.2d 824, 353 Ill. App. 3d 415, 288 Ill. Dec. 889, 2004 Ill. App. LEXIS 1265
CourtAppellate Court of Illinois
DecidedOctober 19, 2004
Docket1-04-0592
StatusPublished
Cited by22 cases

This text of 818 N.E.2d 824 (Stella v. Garcia) 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
Stella v. Garcia, 818 N.E.2d 824, 353 Ill. App. 3d 415, 288 Ill. Dec. 889, 2004 Ill. App. LEXIS 1265 (Ill. Ct. App. 2004).

Opinion

JUSTICE WOLFSON

delivered the opinion of the court:

This case illustrates the doctrine of unintended consequences. It arises out of In re Minor Child Stella (Stella I), 339 Ill. App. 3d 610, 791 N.E.2d 187 (2003), where we were asked to decide whether section 17 of the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/17 (West 2002)) allows a trial judge to order an attorney to pay to an opposing attorney retainers or interim payments received from a client — a procedure commonly referred to as “disgorgement,” a device for leveling the playing field. We held it does not.

The trial court in this case, relying entirely on Stella I, held the Parentage Act does not provide for interim attorney fees. We intended no such result and today we clear the air by addressing two questions certified for interlocutory appeal pursuant to Illinois Supreme Court Rule 308(a) (155 Ill. 2d R. 308(a)):

“Question 1: Can interim attorney’s fees be awarded under section 17 of the [Parentage Act]?

Question 2: If the answer to Question 1 is ‘Yes,’ can those interim attorney’s fees be awarded using the methods, factors, and procedures, set forth in section 501(c — 1)(1), (2), and (3) of the [Marriage Act] without considering disgorgement?”

We answer the certified questions “yes” and “yes.”

BACKGROUND

Stella I began when Patrick Stella filed a petition under the Parentage Act to establish a parent-child relationship with his daughter, Alexis. During the proceedings, respondent Pearl Garcia filed a petition seeking attorney fees and costs under section 17 of the Parentage Act and sections 508 and 501(c — 1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/508, 501(c — 1) (West 2002)). The trial court ordered Stella’s attorney to pay Garcia’s attorney $20,000, that sum representing a portion of the fees Stella had paid his attorney. That is, disgorgement was ordered.

Stella’s lawyer refused to pay, contending the disgorgement provision in section 501(c — 1)(3) did not apply to parentage proceedings. The trial court entered a finding of contempt and ordered the attorney to pay a dollar a day for as long as he did not comply with the order. The attorney appealed. We held the trial court did not have the authority to order the attorney to disgorge money he had received from his client and then pay it to Garcia’s attorney. Thus, Stella I.

This case comes to us because the trial court read Stella I as requiring denial of Garcia’s petition for interim attorney fees. The certified questions were framed and we granted an application for leave to appeal pursuant to Illinois Supreme Court Rule 308(a). 155 Ill. 2d R. 308(a). Appellant raises several constitutional issues, but we believe this is a matter that can be resolved by applying rules of statutory construction. See City of Chicago v. Powell, 315 Ill. App. 3d 1136, 1140, 735 N.E.2d 119 (2000) (a reviewing court should not reach constitutional issues if the case can be determined on other grounds).

DECISION

We review issues of statutory construction de novo. In re Marriage of Beyer, 324 Ill. App. 3d 305, 309, 753 N.E.2d 1032 (2001). In construing a statute, our goal is to effectuate the legislature’s intent. People v. Pullen, 192 Ill. 2d 36, 42, 733 N.E.2d 1235 (2000). We look first to the language of the statute, the most reliable indicator of legislative intent. Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 504, 732 N.E.2d 528 (2000). We cannot read words into a statute that are not there. Chicago Tribune Co. v. Board of Education of the City of Chicago, 332 Ill. App. 3d 60, 67, 773 N.E.2d 674 (2002). “Nor, under the guise of statutory interpretation, can we ‘correct’ an apparent legislative oversight by rewriting a statute in a manner inconsistent with its clear and unambiguous language.” Pullen, 192 Ill. 2d at 42.

Actions brought under the Parentage Act are entirely statutory in origin, and the court has no inherent power in parentage cases. Stella I, 339 Ill. App. 3d at 614. See In re Parentage of Melton, 314 Ill. App. 3d 476, 478-79, 732 N.E.2d 11 (2000) (trial court had no authority in a parentage action to issue an injunction preventing the custodial parent from removing the child from the state under the Marriage Act).

To answer the certified questions in this case we travel a tortuous path, from the Parentage Act to one, and then another, provision of the Marriage Act.

First, section 17 of the Parentage Act:

“Except as otherwise provided in this Act, the court may order reasonable fees of counsel, experts, and other costs of the action, pre-trial proceedings, post-judgment proceedings to enforce or modify the judgment, and the appeal or the defense of an appeal of the judgment, to be paid by the parties in accordance with the relevant factors specified in Section 508 of the [Marriage Act], as amended.” (Emphasis added.) 750 ILCS 45/17 (West 2002).

Section 17 has not been amended since 1990. But the Marriage Act was. On June 1, 1997, legislative action created “a new regime governing the award of attorney fees.” In re Marriage of Beyer, 324 Ill. App. 3d at 310; Pub. Act 89 — 712, eff. June 1, 1997.

Section 508 of the Marriage Act now states, in part:

“(a) The court from time to time, after due notice and hearing, and after considering the financial resources of the parties, may order any party to pay a reasonable amount for his own or the other party’s costs and attorney’s fees. Interim attorney’s fees and costs may be awarded from the opposing party, in accordance with subsection (c — 1) of Section 501 [750 ILCS 5/501].” (Emphasis added.) 750 ILCS 5/508(a) (West 2002).

Section 17 of the Parentage Act does not use the words “interim fees,” but it does refer to payment of attorney fees for every stage of the proceedings, and then it aims directly at section 508 of the Marriage Act for the specified “relevant factors” that guide payment of the attorney fees “by the parties.” Here, we run into a hitch. Section 508 does not contain any specified relevant factors. Instead, it points to subsection 501(c — 1) for the way “[i]nterim attorney’s fees and costs may be awarded from the opposing party.” 750 ILCS 5/508(a) (West 2002).

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Cite This Page — Counsel Stack

Bluebook (online)
818 N.E.2d 824, 353 Ill. App. 3d 415, 288 Ill. Dec. 889, 2004 Ill. App. LEXIS 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stella-v-garcia-illappct-2004.