In re Marriage of Hoster

Full Case Summary

Facts

In re Marriage of Hoster concerns the dissolution of marriage between Timothy P. Hoster and Tiffany Y. Hoster. Timothy filed on January 19, 2021; a dissolution judgment entered December 8, 2022. Tiffany contested it, filing multiple motions and an appeal on July 5, 2023, which was dismissed for noncompliance with appellate rules.

Meanwhile, they disputed maintenance obligations and the sale of their marital home. The court stayed Timothy’s maintenance until the property sold, prompting Tiffany to seek to lift that stay. She was unsuccessful, filed further appeals, etc.

Issue

The main question is whether the appellate court can review Tiffany’s claims about the original dissolution judgment and subsequent orders on maintenance and property matters.

Holding

The appellate court dismissed her appeal for lack of jurisdiction, citing res judicata for the original judgment (due to her earlier appeal’s dismissal) and no final or Rule 304(a) findings for the later orders. Thus, nothing was properly appealable.

Reasoning

Res judicata barred re-litigation of the dissolution issues. Post-dissolution matters (maintenance or property dispositions) lacked final appealable orders with the required 304(a) language. Tiffany’s arguments on attorney conduct also fell outside appellate jurisdiction. She waived those claims by not raising them earlier, and any discipline belongs before the ARDC.

In sum, the court lacked jurisdiction to hear her appeals on all points; thus, it dismissed them in full.