Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re Marriage of Schmidt

OPINION FILED SEPTEMBER 14, 1983.

IN RE MARRIAGE OF JOYCE T. SCHMIDT, PETITIONER-APPELLEE, AND JAMES F. SCHMIDT, RESPONDENT-APPELLANT.


Appeal from the Circuit Court of Cook County; the Hon. Allen F. Rosin, Judge, presiding.

JUSTICE WHITE DELIVERED THE OPINION OF THE COURT:

Rehearing denied November 8, 1983.

This is an interlocutory appeal, taken pursuant to Supreme Court Rule 307(a)(1) (87 Ill.2d R. 307(a)(1)), from an order of the circuit court of Cook County which denied the motion of respondent, James F. Schmidt, to dissolve a preliminary injunction which prohibited him from disposing of his real and personal property and any assets in which he holds any interest whatsoever. The primary issue is whether the circuit court abused its discretion in entering the injunction.

The record on appeal shows that on December 21, 1979, the circuit court entered a judgment dissolving the marriage of respondent and petitioner, Joyce T. Schmidt. The judgment of dissolution of marriage expressly adopted a separation agreement entered into between the parties. That agreement provided, in part, that:

"Husband shall convey and transfer to Wife, to have as her separate property, any and all of his right, title and interest in Land Trust Number 8-1190 at Oak Brook Bank, a trust which holds title to property commonly known as 15 Bar Harbour Road, Unit 5G, Schaumburg, Cook County, Illinois 60193. * * *

Wife is to have all Husband's right, title and interest in said real estate and the land trust set forth above free of all encumbrances and assignments except that of the principal mortgage. * * *

Husband is to pay to Wife on the first day of each month the amount of THREE HUNDRED TWENTY-THREE and No/100 Dollars ($323.00) by certified or cashier's check, which represents the principal mortgage payment. * * *

Husband shall on or before the date of April 30, 1981 pay to Wife the principal mortgage balance remaining on the property identified above. If Husband shall fail to make such payment, then interest shall accrue and be payable to Wife at the rate of thirteen per cent (13%) per annum on any unpaid balance until such payment in full shall be made to Wife. To secure said payment, Husband shall obtain and pay premiums on a $35,000.00 term life insurance policy on his life with Wife as beneficiary thereof. Husband shall keep the said life insurance policy in full force and effect with Wife as beneficiary until the full payment of the amount due on April 30, 1981 as well as full payment of any interest which is due and owing under the terms set forth above."

Subsequently, on March 1, 1983, petitioner filed with the circuit court two verified petitions: one for a rule to show cause and the other for a temporary restraining order. The petition for a rule to show cause alleged, among other things, that:

"4. In direct, willful and contumacious disobeyance of the Court's Order, Respondent failed to make [the April 30, 1981] payment as set forth in the Judgment;

5. Despite Petitioner's pleas for payment, Respondent has paid only a small portion of the amount due and owing, leaving an unpaid balance, as of the date of the filing of this Petition of $50,595.24;

8. On Petitioner's knowledge and belief, no such insurance policy [as provided for in the judgment] exists, despite the extremely large unpaid balance;

10. Respondent is a well-to-do entrepreneur with multifaceted business interests, while Petitioner is a secretary."

This petition asked the court, among other things, to enter a rule requiring respondent to show cause why he should not be held in wilful ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.