In re Marriage of Sanchez ( 2018 )


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  •                                   
    2018 IL App (1st) 171075
    Opinion filed: March 23, 2018
    FIRST DISTRICT
    FIFTH DIVISION
    No. 1-17-1075
    In re MARRIAGE OF                                           )
    )
    JAIME SANCHEZ,                                              )      Appeal from the
    )      Circuit Court of
    Petitioner-Appellant,                                )      Cook County.
    )
    and                                                         )      No. 08 D 430330
    )
    MARTHA SANCHEZ-ORTEGA,                                      )      Honorable
    )      Raul Vega,
    Respondent                                           )      Judges Presiding.
    )
    (Illinois Department of Healthcare and Family Services,     )
    Intervenor-Appellee).                                       )
    JUSTICE ROCHFORD delivered the judgment of the court, with opinion.
    Presiding Justice Reyes and Justice Hall concurred in the judgment and opinion.
    OPINION
    ¶1     Petitioner-appellant, Jaime Sanchez, appeals pro se from two postdissolution orders: one
    that denied a motion to vacate a plenary order of protection entered against him and a second that
    denied his motion to reconsider the denial of a motion to abate child support payments. His
    former spouse, respondent Martha Sanchez-Ortega, has not participated in the appeal.
    Intervenor-appellee, the Illinois Department of Healthcare and Family Services (Department) is a
    party to this appeal only as it relates to the child support issues. For the following reasons, we
    dismiss the appeal from the order denying the motion to reconsider the denial of the motion to
    abate child support payments, as we lack appellate jurisdiction, and we affirm the order denying
    No. 1-17-1075
    the motion to vacate the plenary order of protection.
    ¶2     We note at the outset that the record on appeal is insufficient. It lacks, for example, key
    pleadings and orders, as well as transcripts of the proceedings at issue. However, we will set
    forth that much of the relevant background that may be gleaned from the scant record presented
    on appeal.
    ¶3     On August 22, 2008, Jaime filed a petition for dissolution of his marriage to Martha.
    Jaime and Martha are the parents of Ju. S., born May 13, 2001, and Ja. S., born May 15, 2004. It
    appears that, during the divorce proceedings, issues relating to abuse and visitation arose. For
    example, on October 22, 2008, an order of protection was entered against Jaime, which protected
    Martha and the children, and that order remained in effect for the pendency of the initial divorce
    action. In 2010, the court suspended Jaime’s supervised visitation with the children.
    ¶4      On April 15, 2011, the circuit court entered a judgment for dissolution of marriage
    following a trial. At that time, the court ordered Jaime to pay $785 per month for child support
    and entered judgment against him for an $11,775 arrearage on previously-ordered child support
    payments. Jaime’s child support obligation was determined based on the income he derived from
    his home services business. Pursuant to a custody judgment, which was incorporated into the
    dissolution judgment, Martha was granted sole custody of the children, and Jaime was granted
    supervised visitations. After finding that there was a continuing need for Martha to be protected
    against future abuse and harassment by Jaime, the dissolution judgment provided Martha and the
    children with a two-year plenary order of protection, which was to terminate on April 15, 2013.
    Martha later moved to extend that order of protection.
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    No. 1-17-1075
    ¶5     Jaime appealed after the circuit court denied his motion to reconsider the dissolution
    judgment or, in the alternative, to re-open proofs. We affirmed the judgment for dissolution after
    finding that Jaime had failed to provide a record sufficient to address his claims of error, in
    violation of the requirements espoused in Foutch v. O’Bryant, 
    99 Ill. 2d 389
    , 391 (1984), or to
    adequately support his arguments in his brief with proper citation to the record or pertinent legal
    authority, in violation of Illinois Supreme Court Rule 341(h)(7) (eff. July 1, 2008). See In re
    Marriage of Sanchez, 
    2012 IL App (1st) 112898-U
    , ¶¶ 6-7.
    ¶6     Thereafter, the parties engaged in various postdissolution proceedings. For example,
    Jaime’s visitation was suspended by the court on September 28, 2015. On June 22, 2016, with
    the Department’s involvement in the case, the court entered a uniform order of support finding
    that Jaime’s imputed net income was $1965 per month and that, as of January 14, 2015, he was
    $42,503.50 in arrears as to his child support obligation. Jaime was then ordered to pay $550 per
    month in child support and $100 per month as to the arrears through the State Disbursement
    Unit. Pursuant to a motion brought by the Department, the June 22, 2016, order vacated a
    December 9, 2015, order, which had directed the Secretary of State to release the suspension on
    Jaime’s driver’s license caused by his failure to make child support payments, or to issue Jaime a
    driving permit.
    ¶7     On October 11, 2016, after a hearing on both Martha’s petition for plenary order of
    protection and Jaime’s motion for visitation, the circuit court entered a two-year plenary order of
    protection against Jaime, which protected Martha and the children. The plenary order of
    protection suspended Jaime’s visitation with the children until further order of the court “per [a]
    -3­
    No. 1-17-1075
    12/28/15 order” and prohibited Jaime from communicating with Martha and the children. A
    separate order entered on that date stated that the court had heard the parties’ testimony and
    considered the evidence at the hearing on both the petition for plenary order of protection and the
    motion for visitation. The order allowed Jaime to send cards and letters to the children (to be
    addressed to Martha) and provided that, should the children wish to see Jaime, they could
    “communicate their wishes in writing to him.”
    ¶8     On November 10, 2016, Jaime filed a motion to vacate the plenary order of protection.
    The court set a briefing schedule on the motion to vacate and set the matter for hearing on
    January 11, 2017. On December 20, 2016, Martha filed a combined response and motion to
    strike and dismiss Jaime’s motion to vacate.
    ¶9      Additionally, as to a separate matter, on October 3, 2016, the Department brought a
    petition for a rule to show cause why Jaime should not be held in indirect civil contempt,
    alleging that Jaime had willfully failed to make the child support payments that were ordered on
    June 22, 2016. As a result, the court entered an order issuing a rule to show cause why Jaime
    should not be held in indirect civil contempt for his failure to pay child support, which was set
    for hearing on January 11, 2017.
    ¶ 10   In an apparent response to the rule to show cause, Jaime filed a motion for abatement or
    suspension of child support on December 12, 2016. In his motion, Jaime asserted that he was
    unemployed and, as a result, could not make the court-ordered child support payments. Jaime
    explained that (1) he was unable to pay the renewal fee for his contractor’s license and it had
    lapsed, (2) his driver’s license had been suspended for his failure to pay child support, and (3)
    -4­
    No. 1-17-1075
    both licenses were necessary for him to operate his business. He maintained that the Illinois
    Secretary of State would “release” his license if the court entered an order stating that he did not
    “owe money to the [I]llinois department of health and family services.” Jaime further contended
    that the court, in a prior order relating to child support, had directed the Secretary of State to
    release his driver’s license, but his driver’s license had not been released. For relief, Jaime
    requested that his child support obligation be abated or suspended in full and be contingent on
    his obtaining full-time employment “or re[-]establishing *** [his] business” and then calculated
    at the statutory rate. Jaime asked “[t]hat any suspension or abatement of child support *** be
    effective immediately.”
    ¶ 11   On January 11, 2017, the circuit court entered an order finding Jaime to be in indirect
    civil contempt for his willful failure to pay child support. The order stated that Jaime’s
    commitment for the contempt finding was stayed until February 22, 2017. However, the order
    did not include the imposition of any period of commitment. In that same order, the Department
    was granted 28 days to respond to Jaime’s motion to abate child support. The Department,
    however, did not file a response before the hearing on that motion, scheduled for February 22,
    2017. Nevertheless, a hearing was held on that date, and the court denied Jaime’s motion to abate
    child support. The court granted Jaime leave to file a motion to modify child support and
    continued the matter for a hearing on March 22, 2017.
    ¶ 12   On March 21, 2017, instead of filing a motion to modify child support, Jaime filed a
    motion to vacate the denial of his motion to abate, arguing that he was entitled to “judgment by
    default” because the Department had not filed a response to his motion prior to the February 22
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    No. 1-17-1075
    hearing, as had been ordered by the court.
    ¶ 13   That same day, the Department filed a response to Jaime’s motion to abate child support
    insofar as it requested reinstatement of his driver’s license. The Department explained that Jaime
    was a delinquent obligor, as he was behind in his child support payments in violation of section
    10-17.6 of the Illinois Public Aid Code (305 ILCS 5/10-17.6 (West 2016)), and section 7-702(c)
    of the Illinois Safety and Family Financial Responsibility Law (625 ILCS 5/7-702(c) (West
    2016)). As a result, his driver’s license had been suspended in January 2014. The Department
    noted that, on December 9, 2015, the circuit court had ordered the Secretary of State to release
    the suspension of Jaime’s driver’s license, or issue him a judicial driving permit. However, that
    order had been vacated on the Department’s motion, which had argued that the court lacked
    subject matter jurisdiction to address Jaime’s driver’s license.
    ¶ 14   The Department maintained that Jaime was required to request a driving permit from the
    Department, and only then could the Department direct the Secretary of State to issue a permit.
    The Department further explained that, should it deny any request by Jaime for a permit, he
    would then be able to seek administrative review of that decision in the circuit court. The
    Department argued that the circuit court lacked subject matter jurisdiction to reinstate Jaime’s
    driver’s license in light of Jaime’s failure to exhaust his administrative remedies.
    ¶ 15   On March 22, 2017, the circuit court entered an order regarding the status of the
    contempt proceeding, which included a finding that Jaime had not remained current in his child
    support obligations. The circuit court ordered Jaime to pay $555.20 per month in child support,
    $100 per month in arrears, and to make a $450 lump sum payment. The circuit court continued
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    No. 1-17-1075
    the matter to April 12, 2017, and denied Jaime’s request to reinstate his driver’s license due to a
    lack of subject matter jurisdiction.
    ¶ 16   On April 5, 2017, the circuit court denied “with prejudice” Jaime’s motion to vacate the
    February 22, 2017, order, which had denied his motion to abate his child support obligations.
    The circuit court noted that, on February 22, it had conducted “a full hearing with all parties
    present” and “[a]ll sides were heard.” The order stated: “This is a final and appealable order.” On
    May 1, 2017, Jaime filed a notice of appeal from that specific order only.
    ¶ 17   On April 12, 2017, the circuit court held a hearing on Jaime’s November 10, 2016,
    motion to vacate the plenary order of protection and entered an order denying the motion “with
    prejudice.” As to the contempt matter, the circuit court entered a separate order updating the
    amounts that Jaime then owed in child support and scheduled the matter for a follow-up hearing
    on May 24, 2017.
    ¶ 18   On May 4, 2017, Jaime filed an amended notice of appeal, which added the April 12,
    2017, order to his appeal.
    ¶ 19   Following the filing of Jaime’s amended notice of appeal, the circuit court held a hearing
    on the status of the contempt. The matter was then continued to June 28, 2017. The record does
    not indicate what happened on that date, or whether the contempt matter has been finally
    resolved.
    ¶ 20   As discussed, the Department (but not Martha) is a party to this appeal, but only as to
    Jaime’s appeal from the order denying his motion to vacate the denial of his motion to abate his
    child support. The Department has expressed concern as to whether we have jurisdiction to
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    No. 1-17-1075
    review that order, in that the contempt proceeding against Jaime was still pending below at the
    time Jaime filed an appeal from that order. In his jurisdictional statement, Jaime contends that we
    have appellate jurisdiction over his appeal under Illinois Supreme Court Rule 301 (eff. Feb. 1,
    1994) and Illinois Supreme Court Rule 303 (eff. Jan. 1, 2015). As this court has a duty to
    determine whether jurisdiction exists, we will consider the issue. Palmolive Tower
    Condominiums, LLC v. Simon, 409 Ill. App 3d 539, 542 (2011). An appeal must be dismissed
    where our jurisdiction is lacking. 
    Id.
     (citing Mund v. Brown, 
    393 Ill. App. 3d 994
    , 996 (2009)).
    ¶ 21   “Appellate jurisdiction is limited to review of final judgments unless an order falls within
    a statutory or supreme court exception.” Cole v. Hoogendoorn, Talbot, Davids, Godfrey &
    Milligan, 
    325 Ill. App. 3d 1152
    , 1153 (2001) (citing Pekin Insurance Co. v. Benson, 
    306 Ill. App. 3d 367
    , 375 (1999)). In order to be considered final, an order must dispose of the rights of
    the parties, either upon the entire controversy or some definite and separate part of it. In re
    Guardianship of J.D., 
    376 Ill. App. 3d 673
    , 676 (2007).
    ¶ 22   However, a final order is not necessarily immediately appealable. Illinois Supreme Court
    Rule 304(a) (eff. Mar. 8, 2016) provides:
    “If multiple parties or multiple claims for relief are involved in an action, an
    appeal may be taken from a final judgment as to one or more but fewer than all of the
    parties or claims only if the trial court has made an express written finding that there is no
    just reason for delaying either enforcement or appeal or both. *** In the absence of such
    a finding, any judgment that adjudicates fewer than all the claims or the rights and
    liabilities of fewer than all the parties is not enforceable or appealable and is subject to
    -8­
    No. 1-17-1075
    revision at any time before the entry of a judgment adjudicating all the claims, rights, and
    liabilities of all the parties.”
    ¶ 23   Thus, prior to the resolution of all claims with respect to all parties, any order entered in a
    case, even if final as to any one party or claim, is not appealable unless the order contains a
    finding that there is no just reason to delay enforcement or appeal, in compliance with Rule
    304(a). The orders that are the subject of this appeal do not include a Rule 304(a) finding.
    ¶ 24   On January 11, 2017, the court found Jaime to be in indirect civil contempt. However, a
    contempt order is not final or appealable until the party in contempt has been sanctioned or
    committed. In re Marriage of Dianovsky, 
    2013 IL App (1st) 121223
    , ¶ 33. Here, when Jaime
    filed his original notice of appeal from the order denying his motion to reconsider the denial of
    the motion to abate and amended notice of appeal (collectively referred to as notices of appeal),
    he had neither been sanctioned nor committed with respect to the finding of contempt. Indeed,
    the circuit court held status hearings on the finding of contempt while this appeal was pending.
    Thus, the postdissolution contempt proceeding was not final or appealable before the notices of
    appeal were filed.
    ¶ 25   The Department correctly notes that the appellate court is divided as to whether an order,
    which disposes of a postdissolution matter, is final and appealable without the requisite finding
    under Illinois Supreme Court Rule 304(a) (eff. Mar. 8, 2016), when other postdissolution claims
    remain pending. This split of authority turns on whether each petition or motion in a
    postdissolution proceeding is considered (1) a separate action or (2) a new claim in the same
    action. In re Marriage of Demaret, 
    2012 IL App (1st) 111916
    , ¶ 26. “[I]f the postdissolution
    -9­
    No. 1-17-1075
    petition under consideration is construed as a separate action from the original dissolution
    proceeding, then appellate court jurisdiction exists upon a final resolution of that petition under
    Illinois Supreme Court Rule 301 (eff. Feb. 1, 1994), regardless of the pendency of an unrelated
    petition.” 
    Id.
     The Third District, in In re Marriage of A’Hearn, 
    408 Ill. App. 3d 1091
    , 1097
    (2011), and the First District, in In re Marriage of Carr, 
    323 Ill. App. 3d 481
    , 485 (2001), have
    construed postdissolution petitions in this fashion. However, if a postdissolution petition is
    instead considered a new claim within the same action, then appellate jurisdiction would exist to
    review a final decision on that petition, while another petition remained pending, only where
    there has been a Rule 304(a) finding. In re Marriage of Demaret, 
    2012 IL App (1st) 111916
    ,
    ¶ 26. The Second District, in In re Marriage of Alyassir, 
    335 Ill. App. 3d 998
    , 999-1000 (2003),
    and the Fourth District, in In re Marriage of Gaudio, 
    368 Ill. App. 3d 153
    , 157-58 (2006),
    adopted this position.
    ¶ 26   This court, in In re Marriage of Teymour, 
    2017 IL App (1st) 161091
    , recently examined
    this split of authority. After a thoughtful and extensive discussion and review of the case law, the
    Teymour court determined that it would “join the Second and Fourth Districts and adhere to Rule
    304(a)’s mandate that a final order disposing of one of several claims may not be appealed
    without an express finding that there is no just cause for delay.” Id. ¶ 41. In so holding, the
    Teymour court declined to follow an earlier line of First District cases, which held that a Rule
    304(a) finding is not required to appeal an order resolving “one of several postdissolution matters
    so long as the matters still pending below are unrelated to the matter on appeal.” Id. ¶ 35 (citing
    In re Marriage of Knoll, 
    2016 IL App (1st) 152494
    , ¶ 46, and In re Marriage of Baumgartner,
    - 10 ­
    No. 1-17-1075
    
    2014 IL App (1st) 120552
    , ¶¶ 34-36).
    ¶ 27   We find the analysis of Teymour to be well-reasoned and convincing. In conformity with
    that decision, we conclude that we have no jurisdiction to consider the order denying the motion
    to reconsider the denial of Jaime’s motion to abate child support payments, as that order was not
    accompanied by the requisite Rule 304(a) finding. While the order did state “[t]his is a final and
    appealable order,” that language was not sufficient to support appellate jurisdiction under Rule
    304(a). Palmolive, 409 Ill. App 3d at 544 (“A circuit court’s declaration that an order is ‘final
    and appealable,’ without reference to the justness of delay, or even reference to immediate
    appealability, evinces no application of the discretion Rule 304(a) contemplates. [Citation.]
    Instead, absent some other indication from the record that the court intended to invoke Rule
    304(a) [citation], a circuit court’s declaration that an order is ‘final and appealable’ amounts to
    nothing more than a nonbinding interpretation.”). 1
    ¶ 28   However, even if we followed the earlier line of First District cases, which held that a
    Rule 304(a) finding is not required “ ‘so long as the matters still pending below are unrelated to
    the matter on appeal’ ” (supra ¶ 26), we would still find that we lack appellate jurisdiction over
    this matter. The contempt proceeding, which remained pending in the circuit court after the
    notices of appeal were filed, deals with Jaime’s failure to meet his court-ordered child support
    responsibilities. Jaime’s motion to abate explained his reasons for not meeting his child support
    1
    Our discussion of this issue speaks broadly of the need for Rule 304(a) language in order to
    appeal otherwise final orders that do not resolve all postdissolution claims, as did the discussion in
    Teymour. Of course, while none are relevant here, there are a number of specific types of final orders
    that—while they do not resolve all postdissolution claims—could potentially be entered in a
    postdissolution context and are nevertheless appealable without any such language. See Ill. S. Ct. R.
    304(b) (eff. Mar. 8, 2016).
    - 11 ­
    No. 1-17-1075
    obligation and sought to immediately abate or suspend those payments, relief which would assist
    Jaime in defending the contempt proceeding. Jaime filed the motion to abate shortly after the
    court issued the rule to show cause, and the Department was involved in the litigation of both
    matters. Thus, Jaime’s attempt to abate the court-ordered child support payments was directly
    related to, and intertwined with, the contempt proceedings, which remained pending below when
    he filed this appeal.
    ¶ 29    For these reasons, we conclude that Jaime’s appeal from the denial of his motion to
    reconsider the denial of his motion to abate must be dismissed for lack of appellate jurisdiction.
    ¶ 30    Moreover, dismissal is appropriate for yet other reasons. Jaime’s briefs do not cite the
    record on appeal and do not present coherent arguments with supporting authority as to any error
    in the court’s decisions with regard to the abatement matter, as required by subsections (h)(4)(ii),
    (h)(6) and (7) of Illinois Supreme Court Rule 341 (eff. Nov. 1, 2017). The appendix to Jaime’s
    appellant’s brief includes copies of court records that are not part of the record on appeal, but
    does not include a table of contents of the record on appeal, in violation of Illinois Supreme
    Court Rule 342 (eff. July 1, 2017).
    ¶ 31    “The procedural rules governing the content and format of appellate briefs are
    mandatory.” Ammar v. Schiller, DuCanto & Fleck, LLP, 
    2017 IL App (1st) 162931
    , ¶ 11 (citing
    Voris v. Voris, 
    2011 IL App (1st) 103814
    , ¶ 8). Where an appellant fails to meet the requirements
    of Illinois Supreme Court Rule 341 (eff. Nov. 1, 2017) as to the content and format of briefs,
    this court has the authority to dismiss the appeal. Ammar, 
    2017 IL App (1st) 162931
    , ¶ 11.
    ¶ 32    The problems caused by Jaime’s failure to present a compliant brief are exacerbated by
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    No. 1-17-1075
    the state of the record. The record on appeal does not contain any of the pleadings that gave rise
    to the June 22, 2016, order regarding child support. There are no transcripts or suitable
    substitutes, such as bystander’s reports, of the proceedings relating to the June 22, 2016, child
    support order, or the hearings on the motion to abate and motion to reconsider the denial of the
    motion to abate. The record is bereft of the proof upon which Jaime’s child support was
    originally determined by the circuit court in the dissolution judgment. Therefore, we cannot fully
    examine any change in the circumstances of Jaime’s employment or other factors that may be
    relevant to the issue of abatement. As the appellant, Jaime has the responsibility to present a
    sufficiently complete record to this court, including transcripts, to support his claims of error on
    appeal. Foutch, 
    99 Ill. 2d at 391-92
    .
    ¶ 33   We now turn to Jaime’s appeal from the denial of his motion to vacate the plenary order
    of protection. Before doing so, we again consider whether there is appellate jurisdiction over this
    order in light of the fact that the contempt proceedings were pending below at the time the appeal
    was filed.
    ¶ 34   Illinois Supreme Court Rule 307(a)(1) (eff. Nov. 1, 2016) allows an appeal from an
    interlocutory order “granting, modifying, refusing, dissolving, or refusing to dissolve or modify
    an injunction.” An order of protection is injunctive in substance. In re T.H., 
    354 Ill. App. 3d 301
    ,
    308 (2006); In re Marriage of Fischer, 
    228 Ill. App. 3d 482
    , 486 (1992). A motion to vacate a
    protective order is considered one seeking to dissolve or modify an injunction. Fischer, 228 Ill.
    App. 3d at 488-89. Therefore, even if the postdissolution order denying Jaime’s motion to vacate
    the plenary order of protection is interlocutory, in that the contempt proceeding remained
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    No. 1-17-1075
    pending below, it is appealable under Rule 307(a)(1). Jaime filed a notice of appeal within 30
    days of the denial of his motion to vacate and therefore we have appellate jurisdiction to review
    that order under Rule 307(a)(1). See Doe v. Illinois Department of Professional Regulation, 
    341 Ill. App. 3d 1053
    , 1059 (2003).
    ¶ 35      The central issue in a proceeding to obtain an order of protection is whether the petitioner
    has been abused. Best v. Best, 
    223 Ill. 2d 342
    , 348 (2006). If the preponderance of the evidence
    establishes that abuse occurred, the circuit court is compelled to issue an order of protection. Id.;
    750 ILCS 60/214(a) (West 2016). A decision as to whether to dissolve an injunctive order is
    reviewed for an abuse of discretion. Debowski v. Shred Pax Corp., 
    45 Ill. App. 3d 891
    , 899
    (1977).
    ¶ 36      Jaime has not presented a sufficient record for us to determine whether the court abused
    its discretion in denying the motion to vacate the plenary order of protection. The petition for
    plenary order of protection is not contained in the record, and we therefore do not know the
    claims or allegations made by Martha when she sought the protective order. There are no
    transcripts of the proceedings as to the hearings on the emergency order of protection that
    preceded the plenary order of protection, the plenary order of protection, or the motion to vacate
    the plenary order of protection. Therefore, we are without the evidence and arguments that were
    considered by the circuit court in reaching its decisions.
    ¶ 37      As we previously noted, as the appellant Jaime has the duty to present a sufficient record
    to allow this court to review his challenge to the order denying his motion to vacate the plenary
    order of protection. Foutch, 
    99 Ill. 2d at 391-92
    . Without such a record, we must presume that
    - 14 ­
    No. 1-17-1075
    the circuit court’s order was in conformity to the law and the findings were based on the
    evidence presented. Watkins v. Office of the State Appellate Defender, 
    2012 IL App (1st) 111756
    , ¶ 19. We therefore affirm the denial of the motion to vacate the plenary order of
    protection.
    ¶ 38   Furthermore, Jaime has once again failed to present any coherent arguments with
    supporting authority as to any error regarding the plenary order of protection or the denial of his
    motion to vacate it. He has not provided a proper statement of facts or procedural history and
    does not cite the record on appeal. Therefore, his brief does not comply with the provisions of
    Rule 341. For this additional reason, we must affirm the order denying his motion to vacate the
    plenary order of protection.
    ¶ 39   We note that Jaime has proceeded pro se on this appeal, but was nevertheless required to
    meet all procedural requirements. Ammar, 
    2017 IL App (1st) 162931
    , ¶ 16 (“Where a party has
    chosen to represent himself, he is held to the same standard as a licensed attorney and must
    comply with the same rules.”). This is no insignificant task, and Jaime’s failures in this regard
    have proven fatal with respect to the issues he raises in this appeal. In his prior appeal, we
    explained to Jaime the necessity of complying with appellate requirements, both as to his briefs
    and with respect to presenting a sufficient record on appeal. Sanchez, 
    2012 IL App (1st) 112898
    ­
    U, ¶¶ 6-7. The warnings appear to have been of little assistance.
    ¶ 40   Our supreme court has recognized the growing number of self-represented litigants in our
    trial and appellate courts and the challenges that are presented thereby. The court’s website
    includes aids for self-represented litigants in the appellate courts, including a self-help guide that
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    No. 1-17-1075
    includes a timeline and check lists. Guide for Appeals to the Illinois Appellate Court For Self-
    Represented Litigants, Illinois Courts (Feb. 16, 2018), http://www.illinoiscourts.gov/CivilJustice/
    Resources/Guide_for_Appeals_to_the_IL_Appellate_Court_rev_093016.pdf. Additionally, in
    order to assist unrepresented parties in filing compliant briefs, standardized briefs—provided as
    fillable forms in a PDF format—are available on the court’s website. Approved Statewide Forms,
    Illinois Courts (Feb. 16, 2018), http://www.illinoiscourts.gov/Forms/approved/.
    ¶ 41   In light of the serious consequences flowing from a lack of compliance with the relevant
    appellate requirements, we truly hope that these self-help aids will become both more well-
    known and better utilized by unrepresented litigants. They represent an important effort to
    balance the requirement that unrepresented litigants be held to the same standard as a licensed
    attorney with the reality of the serious challenges faced by the growing number of self-
    represented litigants in our appellate courts.
    ¶ 42   In conclusion, we dismiss the appeal from the order denying the motion to reconsider the
    denial of Jaime’s motion to abate child support, and we affirm the order denying his motion to
    vacate the plenary order of protection.
    ¶ 43   Affirmed in part and dismissed in part.
    - 16 ­
    

Document Info

Docket Number: 1-17-1075

Judges: Rochford

Filed Date: 3/23/2018

Precedential Status: Non-Precedential

Modified Date: 10/19/2024