In re Marriage of Olusanya, 2025 IL App (1st) 240851-U
Inadequate Record Prevents Meaningful Appellate Review
Illinois appellate court affirmed trial court's denial of rule to show cause and $32,000 sanctions award because appellant failed to provide hearing transcript or acceptable substitute. Courts presume trial court rulings are correct without adequate appellate record. Pro se litigants must follow same procedural rules as represented parties.
Facts
Adeola Olusanya appealed the trial court's denial of her rule to show cause petition and emergency motion to continue, plus the court's award of $32,000 in sanctions and attorney fees to her ex-husband Rotimi. She failed to provide transcripts of the March 18, 2024 hearing or other proceedings for appellate review.
Issue
Whether the appellate court can review trial court rulings when the appellant fails to provide a transcript or acceptable substitute of the proceedings.
Holding
The appellate court affirmed all trial court rulings because Adeola provided no transcript or acceptable substitute of the hearings. Without an adequate record, the court presumed the trial court's decisions were correct and supported by evidence.
Key Reasoning
- Illinois Supreme Court Rules 321 and 324 require complete record including certified report of proceedings on appeal
- Rule 323 permits agreed statement or bystander's report only if verbatim transcript unavailable
- Appellant bears burden to furnish adequate record for meaningful appellate review
- Pro se litigants must comply with same procedural rules as represented parties
Practical Impact
For Petitioners
Always secure court reporter or recording for hearings involving disputed factual issues that may be appealed, and file agreed statements if transcripts unavailable
For Respondents
Challenge appellant's failure to provide adequate record and argue for presumption in favor of trial court's findings
When This Applies
Applies when appellant fails to provide hearing transcripts; doesn't apply when adequate record exists or legal issues don't require factual review
Statutes Cited
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