In re Marriage of Thompson

- Case citation and parties
In re Marriage of Thompson, 2024 IL App (1st) 240079‑U (1st Dist. Sept. 26, 2024) (Rule 23 order; nonprecedential). Petitioner‑Appellant: Rashida Thompson. Respondent‑Appellee: Christopher Thompson. Appeal from Cook County Circuit Court (No. 22 D 545; Judge Dominique Ross).

- Key legal issues
1) Whether the trial court erred in property allocation (personal property, bank accounts, retirement account, vehicles).
2) Whether maintenance was miscalculated.
3) Whether the court improperly dismissed petitioner’s dissipation claim.

- Holding / outcome
The appellate court affirmed the trial court. It declined to reach the merits because the appellant’s brief violated Supreme Court Rule 341 and the appellate record lacked a report of proceedings or acceptable substitute (and lacked admitted exhibits), rendering the record insufficient for review.

- Significant legal reasoning
- Procedural defects: The Court emphasized mandatory compliance with Supreme Court Rule 341 (content and argument requirements for briefs) and noted that a pro se litigant is not excused from those rules (citing Fryzel). Although dismissal or striking the brief was within the court’s discretion, the court declined that extreme sanction.
- Incomplete record: Under Rule 323, an appeal from a bench trial requires a report of proceedings or acceptable substitute. Absent transcripts/substitute and without admitted exhibits, the appellate court cannot evaluate factual findings or trial rulings (citing Corral v. Mervis and Foutch v. O’Bryant). Where the record is incomplete, doubts are resolved against the appellant and the trial court’s judgment is presumed correct.
- Result: Because appellant failed to meet her burden to present a complete record and failed to provide cogent legal arguments, the court affirmed without addressing substantive error claims.

- Practice implications (for counsel)
- Preserve the record: Transcribe hearings or prepare agreed statements/by‑stander’s reports; include admitted exhibits. Appeals from contested bench hearings are usually unreviewable without them.
- Comply with appellate rules: Follow Ill. S. Ct. R. 341 (brief contents) and R. 323 (record/transcript substitutes). Pro se status does not excuse noncompliance.
- Procedural sufficiency for dissipation claims: Ensure claimed dissipation is timely pled and supported by adequate form and evidence at trial; preserve related objections and rulings on the record.
- If considering sanctions for deficient briefs, note appellate courts may exercise discretion to affirm on record grounds rather than dismissing the appeal outright.