In re Marriage of Likar, 2024 IL App (3d) 240103

1. Case citation and parties
- In re Marriage of Likar, 2024 IL App (3d) 240103.
- Petitioner-Appellee: Dale A. Likar. Respondent-Appellant: Christina M. Likar.

2. Key legal issues
- Was the appellate court permitted to exercise jurisdiction under Illinois Supreme Court Rule 306(a)(4) to review the circuit court’s denial of a transfer of venue request?
- Does filing a motion to reconsider toll the 30-day Rule 306(c)(1) deadline for filing a petition for leave to appeal a venue-transfer order?

3. Holding/outcome
- Appeal dismissed for lack of jurisdiction. The respondent’s petition for leave to appeal (filed Feb. 8, 2024) was untimely under Rule 306(c)(1) because it was due within 30 days of the November 27, 2023 denial of her transfer motion (deadline Dec. 27, 2023). A subsequent motion to reconsider did not toll the deadline.

4. Significant legal reasoning (summary)
- The court emphasized its independent duty to examine jurisdiction and noted that orders denying transfer of venue are interlocutory and reviewable only under the rule. Rule 306(c)(1)’s 30-day filing requirement is jurisdictional (citing Kemner).
- The respondent filed a motion to reconsider after the November 27 denial; Illinois precedent establishes that such a motion does not toll Rule 306’s 30-day period (National Seal Co. v. Greenblatt and collected cases).
- The Kemner exception (where a later motion is effectively a new, original motion because it presents new facts or authorities) can restart the deadline, but here Christina’s reconsideration motion did not present new facts or law. Accordingly, the timing remained jurisdictional and her belated petition could not be considered.

5. Practice implications (for family-law practitioners)
- Treat Rule 306(a)(4)/(c)(1) deadlines as jurisdictional: if you intend to seek leave to appeal a venue-transfer order based on defendant nonresidence/no legitimate venue, file the petition within 30 days of the circuit court’s order.
- Do not assume a motion to reconsider will toll the Rule 306 deadline. If you need more time, either (a) ensure a true “new original” motion (with new facts/evidence) is presented if you want to argue the Kemner exception, or (b) file the Rule 306 petition within 30 days and separately pursue reconsideration.
- Preserve a clear record on venue/residence facts, and be proactive about appellate timing; coordinate trial and appellate strategy early when venue is contested.