In re Marriage of Brozell

- Case citation and parties
In re Marriage of Brozell, 2024 IL App (1st) 232436-U (1st Dist. Oct. 18, 2024) (Rule 23 order). Petitioner‑Appellee: Michelle Brozell n/k/a Michelle Kennedy. Respondent‑Appellant: Eugene Brozell.

- Key legal issues
1) Whether the appellate court had jurisdiction to review the appellant’s challenge to a November 30, 2023 post‑dissolution order calculating child‑support arrearages; 2) preservation/forfeiture under Illinois Supreme Court Rule 341 (briefing requirements); 3) scope of appeal (limits of the notice of appeal and inability to litigate prior, non‑specified orders).

- Holding / outcome
Appeal dismissed for lack of jurisdiction.

- Significant legal reasoning (concise)
• Finality/appealability: The court held the November 30, 2023 order was nonfinal because it continued the case and expressly left further action pending (including possible adverse action if appellant failed to appear). Under Illinois law a judgment is appealable only if final (or if statutory/supreme‑court rule authorizes interlocutory review); absent an express certification that there is “no just reason to delay” (and no other rule permitting the appeal), the order was not appealable (Marsh v. Evangelical Covenant Church principle).
• Burden of demonstrating jurisdiction: As appellant, Eugene failed to establish appellate jurisdiction and made no argument supporting it; the court has an independent duty to consider jurisdiction.
• Rule 341 noncompliance and forfeiture: Eugene’s pro se brief failed to comply with Rule 341(h)(7) (coherent legal argument, record citations) and attached materials not in the record; those defects forfeited arguments and justified dismissal on discretionary grounds.
• Scope of the appeal/notice of appeal limits: The notice identified only the November 30 order; appellate courts lack jurisdiction to consider matters not specified in the notice (and Eugene’s brief impermissibly sought review of earlier dissolution and contempt orders).

- Practice implications for family law attorneys
- Before appealing, confirm the order is final or obtain the required appellate certification (e.g., express finding there is no just reason to delay under Rule 304/Marsh or seek leave under a rule permitting interlocutory review).
- Draft the notice of appeal carefully to identify all orders being appealed; issues not specified are forfeited for appellate review.
- Comply strictly with Rule 341 briefing requirements: concise, organized arguments with record citations; do not append non‑record documents.
- If relief is needed on ongoing enforcement (arrears/contempt), consider moving in the trial court for a final, appealable determination or for clarification/certification before litigating on appeal.