Resources

Request a Quote

Join Our Newsletter

Form Heading

In re Marriage of Johnson, 12/23/11
April 20, 2017

The Cook County Circuit Court (Illinois) entered a judgment in a divorce proceeding that granted respondent husband’s motion for sanctions against petitioner wife and also sua sponte sanctioned respondent wife’s attorneys for filing a petition seeking relief from a final judgment. The wife’s attorneys appealed. The wife and husband entered into a divorce settlement. The wife was represented by the wife’s attorneys. They filed a petition seeking relief from a final judgment pursuant to 735 ILCS 5/2-1401 (2006) alleging that the husband failed to disclose material facts during the divorce proceedings regarding a sale made to a business that was a marital asset which allegedly increased the value of that business. The husband moved for summary judgment, which the trial court granted, and also filed a move for sanctions against the wife pursuant to Ill. Sup. Ct. R. 137, on the grounds that she knew about the sale. The trial court granted the husband’s motion for sanctions against the wife, and also sua sponte sanctioned the wife’s attorneys for filing that petition. Following an evidentiary hearing as to the amount of the husband’s attorney fees and costs, the trial court ordered the wife to pay sanctions, and the wife’s attorneys to separately pay sanctions. The appellate court found that the trial court improperly sanctioned the wife’s attorneys sua sponte, as the trial court did not afford them a hearing in which they could defend themselves before it sanctioned them. The appellate court vacated the trial court’s order that sanctioned the wife’s attorneys and remanded the case to the trial court to hold an evidentiary hearing on whether sanctions could be appropriately awarded against them. It also denied the husband’s request for an award of attorney fees and costs for the appeal.