In re Marriage of Handler

Full Case Summary

Case Summary: In re The Marriage of Handler

Filed: December 31, 2024
Court: Appellate Court of Illinois, Third District
Petitioner: Brian Handler
Respondent: Elizabeth Abeysekera
Circuit Court: 18th Judicial Circuit, Du Page County
Judge: Hon. Robert E. Douglas
Appeal No: 3-23-0119
Circuit No: 17-D-1174

Background: The parties have five children. On October 15, 2019, the circuit court issued a judgment of dissolution requiring equal division of children’s expenses. Elizabeth later alleged Brian failed to reimburse certain daycare costs. He then moved to dismiss her pleadings for discovery noncompliance, which was granted on November 22, 2022, leading to Elizabeth’s appeal.

Case Summary: Discovery and Dismissal

Several disputes arose around discovery compliance about Elizabeth’s employment, childcare, and financial records. After repeated delays, on September 7, 2022, the court warned failure to comply by September 23 would trigger dismissal of the noncompliant party’s filings. Elizabeth’s partial compliance was deemed insufficient, prompting Brian’s motion to dismiss. The court granted it and struck her pleadings with prejudice. She moved for reconsideration six times, all denied, then appealed.

Legal Analysis

The petitioner contended the dismissal was correct under Rule 219(c) for willful noncompliance, and the appellate court agreed. Dismissal with prejudice is a severe sanction for clear disregard of court orders. The court saw repeated failures from Elizabeth, culminating in the final compliance deadline. On appeal, she argued confusion over orders, but the record showed ample warnings and opportunities to comply.

Conclusion

The appellate court found no abuse of discretion in dismissing her pleadings with prejudice. Likewise, denying her motions to reconsider was proper. The court affirmed all aspects of the lower court’s judgment.