In re Marriage of Melika, 2019 IL App (1st) 182192-U

1. Case citation and parties
- In re Marriage of Melika, No. 1-18-2192, 2019 IL App (1st) 182192-U (Ill. App. Ct. Nov. 21, 2019) (Rule 23 order; non-precedential).
- Petitioner-Appellant: Mary Melika. Respondent-Appellee: Andrew Eskaros.

2. Key legal issues
- Whether the appellate court had jurisdiction to review a circuit court order registering an Egyptian divorce judgment under the Uniform Enforcement of Foreign Judgments Act.
- Whether the registration order was a final, appealable judgment under Ill. S. Ct. R. 301 or, alternatively, appealable under Ill. S. Ct. R. 304(a) as to a separate part of the controversy.
- Evidentiary sufficiency and comity concerns in registering a foreign divorce judgment (bad faith, public policy, translations).

3. Holding/outcome
- Appeal dismissed for lack of appellate jurisdiction. The registration order was not final under Rule 301 because significant issues (maintenance, child support, allocation of parental responsibilities, property distribution) remained pending, and the trial court did not enter a written Rule 304(a) finding that there was "no just reason" to delay appeal.

4. Significant legal reasoning
- Finality (Rule 301): A judgment is appealable as of right only if it disposes of the litigation on the merits. Registering the foreign divorce did not resolve outstanding statutory claims under Illinois law, so the case remained interlocutory.
- Rule 304(a): Applies only when the trial court makes an express written finding that there is no just reason to delay appeal. Here the court orally invited appeal but did not make a written Rule 304(a) finding; therefore Rule 304(a) jurisdiction was not satisfied.
- Appellant’s record deficiencies mattered: no transcript of the evidentiary hearing was provided, limiting appellate review and resolving doubts against the appellant.
- In re Marriage of Bogan was inapplicable to confer jurisdiction where ancillary claims remain unresolved and no Rule 304(a) finding exists.

5. Practice implications (for family-law practitioners)
- Avoid premature appeals. If you want immediate review of a discrete ruling (e.g., registration of a foreign divorce), obtain a written Rule 304(a) finding from the trial court before appealing.
- When registering or opposing a foreign judgment, submit complete, certified English translations and documentary proof of proceedings; incomplete or untranslated material risks adverse credibility findings and hampers appellate review.
- Preserve a full record (transcripts) of evidentiary hearings; absence of a transcript is fatal to appellate claims about testimonial or factual error.
- Recognize that recognition/registration of a foreign divorce may not bind the Illinois court on ancillary issues (maintenance term, custody, support, property), which remain governed and may be recalculated under Illinois law.
- Note: This is a Rule 23 non-precedential order—useful for procedural guidance but not binding precedent.