In re Marriage of Nistor, 2023 IL App (1st) 230129-U

- Case citation and parties
In re Marriage of Nistor, 2023 IL App (1st) 230129‑U (1st Dist. Dec. 18, 2023) (Rule 23 order). Petitioner‑Appellant: Gheorghe Nistor. Respondent‑Appellee: Mihaela Nistor.

- Key legal issues
Whether the appellate court can review petitioner’s challenge to a December 27, 2022 trial‑court ruling on child‑support modification, termination of maintenance, and recovery of overpaid maintenance when the record on appeal does not include the judgment or transcripts of the relevant proceeding.

- Holding / outcome
Appeal dismissed for failure to include the “judgment appealed from” in the record as required by Illinois Supreme Court Rule 321.

- Significant legal reasoning
The court relied on Ill. S. Ct. R. 321 (record on appeal must include the judgment appealed from) and Ill. S. Ct. R. 323 (contents of report of proceedings/transcript or acceptable substitutes). The appellant bears the duty to present a sufficiently complete record to permit review (citing Foutch v. O’Bryant). Here, the common‑law record contained the appellant’s motion (Dec. 19, 2022) and notice of appeal (Jan. 17, 2023) but did not include any trial‑court order or transcript of the purported December 27, 2022 hearing; only a 2016 settlement hearing transcript was included. Without the order or transcript (or acceptable substitutes such as a bystander’s report or agreed statement), the court could not determine the evidence, arguments, or rationale underlying the trial‑court decision and therefore could not reach the merits (citing Best Coin‑Op, Inc.). Appellant’s unsuccessful attempts to obtain the order did not excuse the omission. Because Rule 321 was not satisfied, dismissal was required.

- Practice implications (concise)
- Always ensure the record contains the judgment/order appealed from (certified copy of the written order) before filing or prosecuting an appeal.
- If transcript unavailable, secure acceptable substitutes: bystander’s report, agreed statement of facts, or have the trial court settle the record.
- If a necessary document is missing, move in the trial court to supplement/settle the record or in the appellate court to supplement under applicable rules before briefing merits.
- Avoid filing a notice of appeal prematurely when the trial‑court ruling is not reflected in the record; appellant bears the risk of dismissal for record defects.
- Treat Rule 23 non‑precedential status accordingly; the procedural holding reinforces record‑preservation obligations.