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In Re Marriage of Gingras

OPINION FILED JUNE 19, 1980.

IN RE MARRIAGE OF BERNADETTE J. GINGRAS, PETITIONER-APPELLANT AND CROSS-APPELLEE, AND JEROME J. GINGRAS, RESPONDENT-APPELLEE AND CROSS-APPELLANT.


APPEAL from the Circuit Court of Cook County; the Hon. JOHN J. CROWN, Judge, presiding.

MR. JUSTICE ROMITI DELIVERED THE OPINION OF THE COURT:

Bernadette J. Gingras appeals from an order of the trial court denying her motion for an order nunc pro tunc correcting a clerical error in a judgment for dissolution of marriage. Jerome J. Gingras has filed a cross-appeal from that portion of the order which granted Bernadette's additional request that Jerome pay to Bernadette security deposits due the tenants of a building awarded to Bernadette in the judgment for dissolution of marriage, said payments to be made when and if claims to them were made.

We find that the trial court erred in refusing to correct the divorce decree and we reverse and remand with instructions as to that correction. We affirm that portion of the order relating to payment of security deposits.

The judgment for dissolution of marriage provided, inter alia:

"7. That the parties have entered into an oral Property Settlement Agreement whose terms are memorialized herein and the Court finds that the terms of such Agreement are fair and just and the parties desire that said agreement be made a part of this Judgment for Dissolution of the Marriage. As a settlement as and for an equitable division of the marital property and as and for settlement in lieu of maintenance whereas the parties waive all rights and claims to the other to permanent maintenance, the Property Agreement of the parties is as follows:

A. The parties agree to an equal division of the following property, achieved by a private bidding between the parties on June 13, 1978, pursuant to their agreement under oath and in open Court. Said division is as follows:

BERNADETTE J. GINGRAS [Petitioner] JEROME J. GINGRAS [Respondent] is awarded as her sole property: is awarded as his sole property:

(A) 68 West Cunningham Drive (B) Argosy Stock Palatine, Illinois

Amount Bid: $110,000 Equity and Equity: $ 69,000 Amount Bid: $ 5,000

(C) 3910 West 124th Street (D) 1/2 interest in Alsip, Illinois Brigadoon Partnership

Amount Bid: $120,000 Equity and Equity: $ 72,500 Amount Bid: $ 49,500

(E) 3916 West 124th Street Alsip, Illinois

Amount Bid: $120,000 Equity: $ 71,500

Total Equity: $141,500 Total ...


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