In re Marriage of Crecos, 2021 IL 126192

In re Marriage of Crecos, 2021 IL 126192

1) Case citation and parties
- In re Marriage of Crecos, 2021 IL 126192 (Ill. May 20, 2021).
- Petitioner/Appellee: Diana Lynn Barr Crecos; Respondent/Appellant: Gregory Crecos.

2) Key legal issues
- Whether a trial court’s award of attorney fees for fees incurred on prior appeals in a post‑dissolution matter is an “interim” award under 750 ILCS 5/501(c‑1) (and therefore nonfinal and not immediately appealable).
- Whether section 501(c‑1) applies to post‑dissolution proceedings.
- Whether a Rule 304(a) finding can render a fee award immediately appealable when other post‑dissolution issues remain.

3) Holding / outcome
- The Illinois Supreme Court reversed the appellate court’s dismissal for lack of jurisdiction and remanded. The Supreme Court held the trial court’s fee award was final and appealable — section 501(c‑1) does not apply to post‑dissolution awards of fees for already‑incurred appellate work, and the Rule 304(a) certification was appropriate.

4) Significant legal reasoning
- Statutory construction: The court relied on the 2010 legislative amendment to section 501(c‑1), which limits that subsection to prejudgment (pre‑dissolution) proceedings. Thus 501(c‑1) does not govern post‑dissolution fee petitions.
- Nature of the award: The fees awarded were for costs already incurred in fully adjudicated appeals (Crecos I and Crecos II). Because no further appellate fees would be incurred and the award was not subject to future adjustment or disgorgement, it was not a strictly “interim” or temporary award.
- Distinguishing precedent: The court distinguished cases treating fee awards as integral to unresolved property distribution (where fees are intertwined and not separable for appeal) because here the dissolution and the relevant appeals were concluded; remaining post‑dissolution claims could not alter the amount awarded for the prior appeals.
- Rule 304(a): A specific finding that “there is no just reason to delay enforcement or appeal” sufficed to make the fee judgment appealable where the fee claim had been finally determined.

5) Practice implications
- Do not assume section 501(c‑1) applies to post‑judgment or post‑dissolution fee requests; counsel should identify and rely on the correct statutory subsection (including 508(a‑5) for certain postdissolution interim matters).
- Fees awarded for work already completed on concluded appeals can be final and immediately appealable even if collateral postdissolution issues remain — litigants should press for a clear written ruling and Rule 304(a) certification when seeking immediate review.
- Trial courts should state whether a fee award is interim/subject to adjustment or final; practitioners should seek findings clarifying that the award is for fees already incurred and will not be affected by remaining proceedings if they want an appealable judgment.