In re Marriage of Olusanya

1. Case citation and parties
- In re Marriage of Olusanya, No. 1-24-0851, 2025 IL App (1st) 240851-U (Ill. App. Ct., 1st Dist., Aug. 13, 2025) (Rule 23 order; not precedent).
- Petitioner-Appellant: Adeola Olusanya. Respondent-Appellee: Rotimi Olusanya.

2. Key legal issues
- Whether the trial court erred in denying Adeola’s petition for rule to show cause and her emergency motion to continue a hearing.
- Whether the trial court erred in granting Rotimi’s motion for sanctions under Ill. Sup. Ct. R. 137 and/or his petition for attorney fees under 750 ILCS 5/508(b).
- Whether appellate review is possible in the absence of a report of proceedings or an acceptable substitute.

3. Holding/outcome
- Affirmed. The appellate court held Adeola failed to provide a transcript or acceptable substitute of the March 18, 2024 hearing (or other hearings). Consequently, the court presumed the trial court’s rulings were correct and affirmed the denial of the rule to show cause and continuance and the award of sanctions/attorney fees in the amount of $32,000.

4. Significant legal reasoning
- Procedural foundation: Ill. S. Ct. Rules 321 and 324 require a complete record (including certified report of proceedings) on appeal; Rule 323 permits an agreed statement or bystander’s report if a verbatim transcript is unavailable. The appellant bears the burden to furnish an adequate record.
- Because Adeola provided no transcript or acceptable substitute, the appellate court could not review factual or credibility determinations and thus must presume the trial court’s order was in conformity with law and supported by the record.
- The court reiterated that pro se litigants are bound by the same procedural rules as represented parties.
- On the merits, the trial court found Adeola’s conduct caused needless litigation and expenses (invoking Rule 137 and §508(b)); the appellate court declined to disturb that finding absent a record.

5. Practice implications
- Preservation: To obtain appellate review of trial-court factual findings or credibility-based rulings, ensure a complete report of proceedings or an agreed substitute is in the record.
- Pro se litigants: Courts will enforce procedural rules against pro se parties; advice and forms should stress record preservation.
- Sanctions practice: When seeking or defending Rule 137/§508(b) claims, introduce a full evidentiary record (transcripts, fee affidavits, contemporaneous billing) and focus on reasonableness and necessity.
- Litigation management: Attend and remain on remote hearings; timely and adequately supported motions to continue (medical proof, corroboration) are critical.
- Appellate strategy: If opposing counsel does not file an appellee brief, the court may still decide the case on the appellant’s brief, but an inadequate record will likely result in affirmance.