In re Marriage of Ziskind, 2025 IL App (1st) 241157-U
Inadequate Record Bars Successful Contempt Appeal
Illinois appellate court affirmed contempt order and lifting of body-attachment writ stay despite finding both orders appealable. Court applied Foutch presumption of trial court correctness when appellant failed to provide adequate record or comply with briefing rules. Pro se litigants must follow same appellate procedure requirements.
Facts
Victoria Ziskind sought enforcement against ex-husband Yuriy Ziskind, leading to contempt proceedings and body-attachment writ with stay. Trial court lifted the stay and found Yuriy in contempt, committing him until he purged the violation. Yuriy appealed pro se with deficient record and brief.
Issue
Whether the trial court properly lifted the stay on body-attachment writ and held respondent in contempt when appellant provided inadequate appellate record and deficient brief.
Holding
Affirmed both the lifting of stay and contempt commitment. While both orders were appealable under Supreme Court Rules 307(a)(1) and 304(b)(5), appellant's failure to provide transcripts or proper briefing triggered presumption that trial court acted correctly.
Key Reasoning
- Lifting stay on body-attachment writ is appealable interlocutory order under Rule 307(a)(1) as injunctive-type relief
- Contempt commitment with custodial/monetary sanctions is appealable under Rule 304(b)(5)
- Foutch presumption applies when appellant fails to provide adequate record - doubts resolved against appellant
- Pro se status does not excuse noncompliance with mandatory appellate rules including Rule 341 briefing requirements
Practical Impact
For Petitioners
Ensure comprehensive trial record including transcripts of all contempt proceedings and comply strictly with appellate briefing rules to preserve meaningful appellate review
For Respondents
Challenge opposing party's record development and brief compliance early; incomplete records favor trial court's original ruling on appeal
When This Applies
Applies when appellate record is incomplete or briefs violate Supreme Court Rules; different outcome possible with proper record and briefing
Citation Network
This Case Cites
- Foutch
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