In re Marriage of May, 2025 IL App (5th) 241179-U
Unresolved Contempt Petition Prevents Final Appealable Order
Appeal dismissed for lack of jurisdiction because unresolved petition for rule to show cause prevented final appealable order. Illinois requires all pending post-judgment motions be disposed of before appeal unless Rule 304(a) certification obtained. Practitioners must ensure complete finality.
Facts
William and Amy May divorced, with subsequent dispute over pension allocation. Amy filed petition for rule to show cause on April 2, 2024, and trial court issued August 29, 2024 docket entry on pension period but did not resolve the contempt petition. Amy appealed the pension ruling.
Issue
Whether the appellate court had jurisdiction to review the trial court's pension allocation order when an unresolved petition for rule to show cause remained pending.
Holding
The appellate court dismissed for lack of jurisdiction because the trial court's pension ruling did not dispose of Amy's pending petition for rule to show cause, creating no final appealable order. Without Rule 304(a) certification, the court could not exercise jurisdiction over the interlocutory pension decision.
Key Reasoning
- Only final orders or those meeting narrow Rule 304 exceptions are appealable under Illinois law
- Unresolved contempt/rule-to-show-cause petitions prevent finality absent express disposition
- Court followed In re Marriage of Gutman precedent requiring complete resolution of all pending matters
- Appellate courts must consider jurisdiction sua sponte and dismiss when finality lacking
Practical Impact
For Petitioners
Obtain explicit written orders disposing of all pending motions and petitions before appealing, or request Rule 304(a) certification for immediate appeal of specific issues
For Respondents
Challenge appellate jurisdiction by identifying any unresolved petitions or motions that prevent finality of the appealed order
When This Applies
Applies when any post-judgment petition remains unresolved; does not apply when all matters explicitly granted, denied, or dismissed with Rule 304(a) certification
Citation Network
This Case Cites
- In re Marriage of Gutman
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