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English v. English

OPINION FILED MAY 29, 1979.

JORJA M. ENGLISH, PETITIONER-APPELLANT,

v.

JAMI D. ENGLISH, RESPONDENT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. L. SHELDON BROWN and the Hon. CHARLES J. GRUPP, Judges, presiding.

MR. PRESIDING JUSTICE GOLDBERG DELIVERED THE OPINION OF THE COURT:

Rehearing denied July 2, 1979.

Jorja M. English (petitioner) appeals from several orders including one denying her petition to vacate an order awarding to Jami D. English (respondent) the petitioner's entire interest in the marital home formerly occupied by the parties.

A summary of the trial record is required:

(1) July 25, 1969 — Petitioner filed her petition to dissolve the marriage. She prayed a declaration that she was the sole owner of the marital home and other relief.

(2) October 29, 1969 — Judgment for dissolution of the marriage was entered by default. Respondent was ordered to convey the home to petitioner by warranty deed.

(3) September 9, 1970 — Respondent filed a petition which alleged that petitioner had made no payment on the articles of agreement covering the marital home but that she had abandoned the home on June 1, 1970. The seller of the property had served notice of forfeiture. Respondent has been paying child support and he "may be required" to furnish a home for the three children of the parties. The petition prayed modification of the judgment for divorce to declare respondent the owner of the marital home. Notice of this motion was served upon petitioner by mail.

(4) September 9, 1970 — Petitioner moved the court to continue the hearing on the petition which was accordingly done "without further notice."

(5) November 17, 1970 — The trial court entered an order reciting that petitioner had abandoned the marital home and had agreed that all of her interest in the real estate should be awarded to respondent. The order so provided. The order shows approval thereof by an attorney for petitioner; not the attorney who appears for petitioner in this court.

(6) April 21, 1978 — Order entered allowing respondent to file a petition, petitioner is given 28 days to answer and the petition is continued to June 23, 1978.

(7) June 23, 1978 — On petition of respondent, the trial court entered an order appointing a "Judge of the Land Division of the Circuit Court" to execute a deed conveying all of petitioner's interest in the property to respondent.

(8) June 26, 1978 — Petitioner filed a petition alleging that the order of June 23, 1978, is void since it was predicated upon a void order of November 17, 1970. The court had no jurisdiction to enter said orders. Petitioner prayed that both of these orders of June 23, 1978, and November 17, 1970, be vacated.

(9) June 26, 1978 — The trial court ordered that the motion of petitioner to vacate the order of June 23, 1978, be denied. This order made no disposition of the order of November 17, 1970.

(10) July 5, 1978 — Petitioner filed an amended petition again alleging that the order of June 23, 1978, was void because predicated upon a void order of November 17, 1970. The amended petition also alleged that the trial court had no jurisdiction to modify the judgment for divorce pertaining to joint property by an order more than 30 days after the judgment; petitioner never authorized the attorney to approve the order of November 17, 1970, and never agreed to transfer her ...


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