Twardowski v. Holiday Hospitality Franchising, Inc.

748 N.E.2d 222, 321 Ill. App. 3d 509, 254 Ill. Dec. 776
Appellate Court of Illinois·Decided March 30, 2001·No. 1-99-3836, 1-99-4356·Published·Cited by 146 cases

Opinion

748 N.E.2d 222 (2001)
321 Ill. App.3d 509
254 Ill.Dec. 776

John TWARDOWSKI, Plaintiff-Appellant,
v.
HOLIDAY HOSPITALITY FRANCHISING, INC.; Paula Lange; and Kinseth Hotel Corporation, Defendants-Appellees.

Nos. 1-99-3836, 1-99-4356.

Appellate Court of Illinois, First District, First Division.

March 30, 2001.

*225 John Twardowski, pro se.

James K. Horstman, Iwan, Cray, Huber, Horstman & Van Ausdal, LLC, Chicago, for Appellees.

Justice COHEN delivered the opinion of the court:

In June 1998, the plaintiff filed a pro se complaint against the defendants for their alleged failure to honor a reservation he had made for a month-long stay at their facility in Dubuque, Iowa. On November 18, 1998, the trial court dismissed the complaint.

The defendant filed a second pro se complaint on May 10, 1999. On July 16, 1999, the defendant Bass Hotels and Resorts, as successor in interest to Holiday Hospitality Franchising, filed a motion to dismiss and a motion for sanctions in the amount of fees and costs. On July 26, 1999, the trial court granted the motion to dismiss the plaintiff's second complaint. The motion for sanctions was noticed for hearing on August 16, 1999. However, no hearing occurred on that date.

On August 27, 1999, the defendants filed a new motion for sanctions. The trial court entered an order for sanctions in the amount of $691.97 on September 3, 1999. The plaintiff filed a motion to vacate the order of sanctions, which the trial court denied on October 20, 1999.

On November 1, 1999, the plaintiff filed what was apparently a second motion to vacate. In response, the trial court entered an order that sanctioned the plaintiff for $1,000 and prohibited him from filing any more motions in the case.

The plaintiff filed pro se appeals of both the September 3, 1999, sanction order awarding defendant $691.97 in attorney fees and costs and the November 1, 1999, order requiring plaintiff to pay an additional $1,000. These appeals have been consolidated for review. We now vacate both orders of sanctions.

ANALYSIS

Initially, we note that the plaintiff's brief fails to adhere to the supreme court rules governing appellate review. The brief does not contain a proper summary statement, introductory paragraph or statement of the issue presented for review as required by Supreme Court Rule 341(e) (177 Ill.2d R. 341(e)). The brief does not contain an appendix with the order appealed from and an index to the record as required by Supreme Court Rule 342 (155 Ill.2d R. 342). However, while the insufficiency of the plaintiff's brief in this case hinders review, meaningful review is not precluded. The merits of the present case can be readily ascertained from the record on appeal and, accordingly, we choose to reach the merits.

Admittedly, plaintiff's pro se status does not relieve him of the burden of complying with the format for appeals as mandated by the supreme court rules. Bielecki v. Painting Plus, Inc., 264 Ill.App.3d 344, 354, 202 Ill.Dec. 318, 637 N.E.2d 1054 (1994). It is well established that this court is not required to search the record to determine what legal issues are involved in an appeal. Bielecki, 264 Ill.App.3d at 354, 202 Ill.Dec. 318, 637 N.E.2d 1054, citing Biggs v. Spader, 411 Ill. 42, 103 N.E.2d 104 (1951). Rather, a reviewing court is entitled to have briefs submitted that present an organized and *226 cohesive legal argument in accordance with the Supreme Court Rules. In re Marriage of Souleles, 111 Ill.App.3d 865, 869, 67 Ill.Dec. 485, 444 N.E.2d 721 (1982). However, along with these general rules, this court has held that "our jurisdiction to entertain the appeal of a pro se plaintiff is unaffected by the insufficiency of his brief," so long as we understand the issue plaintiff intends to raise and especially where the court has the benefit of a cogent brief of the other party. Bielecki, 264 Ill.App.3d at 354, 202 Ill.Dec. 318, 637 N.E.2d 1054, citing Tannenbaum v. Lincoln National Bank, 143 Ill.App.3d 572, 575, 97 Ill.Dec. 661, 493 N.E.2d 143 (1986). Cf. Harvey v. Carponelli, 117 Ill.App.3d 448, 451, 72 Ill.Dec. 945, 453 N.E.2d 820 (1983), cert. denied (1984), 466 U.S. 951, 104 S.Ct. 2153, 80 L.Ed.2d 539 (court chose to entertain the pro se plaintiff's appeal despite its finding that plaintiff's brief was flagrantly deficient in many respects and violative of Supreme Court Rule 341).

Here, as in Bielecki and Harvey, plaintiff's pro se briefs fail to clearly articulate the errors relied upon for reversal or present an organized and cohesive argument in compliance with the supreme court rules. However, it is clear from plaintiff's briefs that he seeks to challenge both the trial court's September 3, 1999, sanction order and its November 1, 1999, contempt order. Irrespective of plaintiff's inarticulate briefs, even a cursory review of the record on appeal reveals that both of these orders are void. Courts have a duty to vacate and expunge void orders from court records and thus may sua sponte declare an order void. Gilchrist v. Human Rights Comm'n, 312 Ill.App.3d 597, 601, 245 Ill.Dec. 484, 728 N.E.2d 566 (2000), citing Siddens v. Industrial Comm'n, 304 Ill.App.3d 506, 511, 238 Ill.Dec. 205, 711 N.E.2d 18 (1999).

On July 26, 1999, the trial court dismissed plaintiff's cause of action. However, the defendants' characterization of the trial court's July 26, 1999, dismissal order as a "dismissal for want of prosecution" is misguided. The July 26 order was submitted to the court by the attorney for defendants. In filling out this form order, defendants' attorney checked the box next to the category "Case Dismissed for Want of Prosecution" and handwrote the words "WITH PREJUDICE" immediately following the preprinted language. Section 13-217 of the Code of Civil Procedure (Code) (735 ILCS 5/13-217 (West 1992)), which governs dismissals for want of prosecution, does not allow a dismissal for want of prosecution to be with prejudice. Walton v. Throgmorton, 273 Ill.App.3d 353, 357, 210 Ill.Dec. 1, 652 N.E.2d 803 (1995). Thus, the July 26 order is ambiguous on its face.

Generally, the intention of the court is determined by the language in the order entered, but where the language of the order is ambiguous, it is subject to construction. Purcell & Wardrope, Chartered v. Hertz Corp., 279 Ill.App.3d 16, 21, 215 Ill.Dec. 769, 664 N.E.2d 166 (1996). In cases of ambiguity, the orders appealed from should be interpreted in the context of the record and the situation that existed at the time of their rendition. Purcell,

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

Twardowski v. Holiday Hospitality Franchising, Inc., 748 N.E.2d 222, 321 Ill. App. 3d 509, 254 Ill. Dec. 776 (Ill. Ct. App. 2001).

748 N.E.2d 222 (Twardowski v. Holiday Hospitality Franchising, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Abercrombie v. Illinois Human Rights Comm'n
2025 IL App (1st) 242543-U (Appellate Court of Illinois, 2025)
Pakulla v. Illinois Human Rights Comm'n
2025 IL App (1st) 250241-U (Appellate Court of Illinois, 2025)
Mazur v. Department of Employment Security
2025 IL App (1st) 241073-U (Appellate Court of Illinois, 2025)
Singleton v. Illinois Human Rights Comm'n
2024 IL App (1st) 220353-U (Appellate Court of Illinois, 2024)
Huggins v. Board of Education of the City of Chicago
2024 IL App (1st) 230615-U (Appellate Court of Illinois, 2024)
White v. McGee
2024 IL App (1st) 230335-U (Appellate Court of Illinois, 2024)
Hunter v. County of Cook
2024 IL App (1st) 221150-U (Appellate Court of Illinois, 2024)
In re Estate of Sykes
2024 IL App (5th) 230694-U (Appellate Court of Illinois, 2024)
Cooley v. Amita St. Francis Hospital of Evanston
2024 IL App (1st) 231479-U (Appellate Court of Illinois, 2024)
In re Estate of Ditto
2024 IL App (1st) 230666-U (Appellate Court of Illinois, 2024)
In re Estate of McMullan
2024 IL App (1st) 231578-U (Appellate Court of Illinois, 2024)
Delaney v. U.S. Equal Employment Opportunity Comm'n
2023 IL App (1st) 211525-U (Appellate Court of Illinois, 2023)
City of Chicago v. SBR Revocable Living Trust
2023 IL App (1st) 230655-U (Appellate Court of Illinois, 2023)
Kindred 3 Real Estate Services, LLC v. Breckenridge
2023 IL App (1st) 221113-U (Appellate Court of Illinois, 2023)
City of Chicago v. SRB Revocable Living Trust
2023 IL App (1st) 230174-U (Appellate Court of Illinois, 2023)
Zalewski v. Witek
2023 IL App (1st) 221079-U (Appellate Court of Illinois, 2023)
People v. Oliver
2023 IL App (5th) 200072-U (Appellate Court of Illinois, 2023)
365 Group Inc. v. JP Morgan Chase Bank N.A.
Appellate Court of Illinois, 2023
Ellis v. National Football League, Inc.
2023 IL App (1st) 220998-U (Appellate Court of Illinois, 2023)
J.P. Morgan Chase Bank, N.A. v. Gray
2023 IL App (1st) 220019-U (Appellate Court of Illinois, 2023)