In re Marriage of Ziskind

1. Case citation and parties
- In re Marriage of Ziskind, 2025 IL App (1st) 241157-U (1st Dist. Nov. 26, 2025).
- Petitioner-Appellee: Victoria Ziskind. Respondent-Appellant: Yuriy Ziskind (pro se on appeal).

2. Key legal issues
- Whether the trial court’s lifting of the stay on a body-attachment writ (Oct. 5, 2023 stay lifted Apr. 29, 2024) is an appealable interlocutory order (Ill. S. Ct. R. 307(a)(1)).
- Whether the April 29, 2024 order finding respondent in indirect civil contempt and committing him until he purged is final and appealable (Ill. S. Ct. R. 304(b)(5)).
- Whether the appellant preserved and adequately presented appellate issues given an incomplete record and numerous briefing deficiencies (Ill. S. Ct. R. 341; burden to supply record).

3. Holding/outcome
- Affirmed. The appellate court determined both the lifting of the stay and the contempt commitment were appealable, but affirmed the trial court’s actions because the appellant failed to supply a sufficient record and his brief violated multiple Supreme Court Rules.

4. Significant legal reasoning
- Appealability: The court treated lifting the stay of a body-attachment writ as an interlocutory order appealable under Rule 307(a)(1) (consistent with precedent treating writ/stay issues as injunctive). The contempt commitment was appealable under Rule 304(b)(5) because it imposed a custodial/monetary sanction.
- Record and briefing defects: The appellant failed to provide transcripts, a bystander’s report, or an agreed statement of facts for the contested contempt proceedings (Ill. S. Ct. R. 323) and his brief omitted required elements (statement of issues, jurisdictional statement, accurate statement of facts, citations to record/legal authority, appendix) in violation of Rule 341. The court emphasized appellate practice rules are mandatory and pro se status does not excuse noncompliance.
- Presumption of regularity: Because the appellant did not furnish an adequate record, the court applied the Foutch presumption that the trial court acted correctly; doubts from an incomplete record are resolved against the appellant.
- Discretion: Although the court could have dismissed the appeal for Rule 341 violations, it proceeded to review and nonetheless affirmed on the record insufficiency ground.

5. Practice implications
- Preserve the record: When contempt, body-attachment, or purge issues are litigated, ensure full transcripts or an agreed statement/bystander’s report are obtained and filed; absence is fatal on appeal.
- Comply with appellate rules: Appellate briefs must follow Rule 341 (issues, jurisdiction, facts, argument with citations, appendix). Pro se litigants are held to the same standards.
- When seeking or defending against writs/commitments: enter detailed findings on willfulness, purge amounts, ability to pay/claim of disability, and contemporaneous findings about alternatives—these facts are crucial on appeal.
- Strategize early: motions to vacate default judgments and challenges to service should be timely and supported in the trial record to preserve appellate review.