Articles Tagged with First District Illinois Appellate Court

Illinoisappellatelawyerblog was born to worry. And opinions like Estate of York feed that congenital behavior.

The First District Illinois Appellate Court woke us to attention with its first words. “The case before us serves as a cautionary tale to litigants to adhere to Illinois Supreme Court Rule appellate filing deadlines, to timely file requests for extensions of time with good cause shown, and to specify all grounds of appeal in the notice of appeal.”

Dread always follows that kind of lead. Here’s what happened.

The Eckersalls’ divorce included a fight over custody of their children. The couple agreed on a visitation schedule, but not on the terms and conditions of visitation. So the trial court entered a standard “Custody/Visitation Injunction Order” that in essence prevented either spouse from addressing the divorce case with the children.

Catherine Eckersall appealed the order because she felt it interfered with her parenting rights. The First District Illinois Appellate Court dismissed the appeal for lack of appellate jurisdiction. The court ruled that the custody/visitation injunction order was not really an injunction and could not be appealed before the end of the lawsuit. After that appeal was dismissed, the trial court finalized the Eckersalls’ divorce.

But Catherine was still upset about the custody/visitation order. She appealed the appellate court’s dismissal to the Illinois Supreme Court. The supreme court took the case, but in the end ruled that the custody/visitation order was moot because it was superseded by the trial court’s final divorce order.

Daewoo International paid American Metals Trading $14.5 million for pig iron. But American Metals didn’t deliver, so Daewoo started an arbitration proceeding. In support of the arbitration, Daewoo got an order of attachment against American from a New York trial court. To support the attachment — i.e., trace where the money went — the New York court allowed Daewoo to obtain discovery and to depose American’s directors and officers, four brothers led by Luis Monteiro.

Daewoo believed it could serve subpoenas on American and Monteiro in Illinois. So Daewoo filed a petition in an Illinois court to ask for the subpoenas.  Forty-eight days after the court allowed the subpoenas, Monteiro asked the court to quash them. He argued that Daewoo did not comply with Illinois Supreme Court Rule 204(b), the rule that permits an Illinois court to allow discovery in a case from another jurisdiction. The Illinois trial court refused, and ordered Monteiro’s deposition to proceed.

Litigation over the validity of the New York and Illinois trial courts’ discovery orders continued. After Monteiro ran out of options, he filed a notice of appeal in Illinois. On appeal, Monteiro continued to argue that Daewoo did not comply with Rule 204(b).