In_re_Marriage_of_Hoster

Court: Illinois Appellate Court | Published: 1/11/2025
Marriage
Quick Summary: <h3>Case Summary: In re Marriage of Hoster</h3> <strong>Case Citation:</strong> 2024 IL App (3d) 240222 -U <br> <strong>Date Filed:</strong> December 24, 2024 <br> <h3>Background</h3> <p>The dissolut...

Full Case Summary

Case Summary: In re Marriage of Hoster

Case Citation: 2024 IL App (3d) 240222 -U
Date Filed: December 24, 2024

Background

The dissolution of marriage between Timothy P. Hoster (Petitioner-Appellee) and Tiffany Y. Hoster (Respondent-Appellant) originated in Will County. They divorced December 8, 2022. Tiffany appealed, but the appellate court lacked jurisdiction due to procedural issues. The property division between them remains unresolved.

Key Events

  • Timothy filed January 19, 2021
  • Default dissolution April 7, 2021, later vacated April 19, 2021
  • Tiffany discharged her attorney July 18, 2022; appeared pro se September 16, 2022
  • Marriage was dissolved December 8, 2022

Judgment Details

The final decree ordered the marital residence sold within thirty days, splitting proceeds equally, and set Timothy’s maintenance at $807/month. Post-judgment, Tiffany filed multiple motions but did not file required briefs for her appeal, leading to dismissal under Rule 375(a).

Further Disputes

Timothy obtained a stay on maintenance, citing unsold property and ongoing mortgage obligations. Tiffany challenged that, seeking a rule to show cause. The court refused to lift the stay until she vacated the home and cleared personal property so the residence could be shown or sold.

Conclusion

The appellate court dismissed Tiffany’s appeal for lack of jurisdiction, partly due to res judicata (her prior appeal was dismissed) and partly because the orders lacked finality or 304(a) findings. The dissolution issues remain governed by the trial court’s pending sale and maintenance conditions.

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