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In Re Marriage of Grauer

OPINION FILED MAY 24, 1985.

IN RE MARRIAGE OF BARBARA ANN GRAUER, PETITIONER AND COUNTERRESPONDENT-APPELLEE, AND PAUL W. GRAUER, RESPONDENT AND COUNTERPETITIONER-APPELLANT.


Appeal from the Circuit Court of Cook County; the Hon. Monica D. Reynolds, Judge, presiding.

PRESIDING JUSTICE MEJDA DELIVERED THE OPINION OF THE COURT:

Respondent and counterpetitioner Paul W. Grauer (the husband) appeals from orders enjoining him from using or disposing of $60,000 received from his law practice. The orders were granted on a motion brought by petitioner and counterrespondent Barbara Ann Grauer (the wife) during the pendency of dissolution proceedings between the parties. The trial court granted the wife's motion and ordered the husband to transfer the aforementioned $60,000 to a segregated account pending a determination of the money as marital property in the dissolution proceeding. Thereafter, the husband filed an interlocutory appeal contending that the orders were improper and asking this court to reverse and remand said orders. We affirm.

The husband and the wife were married in 1965 and separated in 1981. They have three children who currently reside with the husband. The husband is an attorney and has been licensed in Illinois since 1971. The husband presently maintains a law office in Schaumburg. The wife is employed as a medical assistant.

Following the couple's separation, the wife filed a petition for dissolution of marriage on August 27, 1981. On May 19, 1983, the husband filed a counterpetition for dissolution. The wife's petition was later dismissed and the case continued on the husband's counterpetition.

On May 14, 1984, the wife filed an emergency motion for a temporary restraining order (a TRO) or a temporary injunction seeking to enjoin the husband from disposing of $100,946.61 due to be paid him for legal services. The trial court granted the wife's motion and entered a TRO prohibiting the husband from using or disposing of the entire amount for a 10-day period. On May 22, 1984, following a hearing on the matter, the trial judge entered a preliminary injunction to continue in effect until further order of the court. The injunction restrained use or disposal of $60,000 and allowed the husband to utilize the remaining $40,946.39 for business and personal expenses. On May 25, 1984, the husband filed an interlocutory appeal alleging that both injunctive orders had been improper and asking that both orders be reversed and remanded.

On April 8, 1985, the day before appellate arguments were heard, the trial court entered judgment dissolving the marriage between the husband and the wife. The dissolution judgment lifted the preliminary injunction and disposed of the previously enjoined $60,000, awarding the first $42,000 to the wife and the balance to the husband, with the provision that a lien be impressed in favor of the wife's attorneys to the extent that the fees awarded remain unpaid. The court additionally ordered the husband to pay $18,000 to the wife's attorneys as contribution towards her attorney fees. The wife subsequently filed a motion to dismiss this appeal, contending that the dissolution order has rendered the appealed issue moot. The husband has responded by arguing that the issue is not moot, since a determination that the orders were improper would entitle the husband to any damages which have accrued during the pendency of the injunction. The motion to dismiss was taken with the appeal for consideration.

OPINION

I

• 1 Since a finding of mootness would preclude further review, this court must first determine if the wife's contention in this matter is accurate. The wife correctly argues that the preliminary injunction was terminated by the dissolution proceeding. The wife is incorrect, however, in assuming that the termination of the injunction removed all matters in controversy between the parties. If injunctive relief has been improperly granted, the injured party, after demonstrating the invalidity of the order, may seek damages for injuries accrued during the injunctive period. (Ill. Rev. Stat. 1983, ch. 110, par. 11-110; In re Marriage of Schmidt (1983), 118 Ill. App.3d 467, 473, 455 N.E.2d 123.) Thus, even though the injunction has been dissolved, this court must review the propriety of the original injunctive orders.

II

On appeal, the husband maintains that the injunctive orders entered by the trial court were improper and invalid. The husband specifically argues the following issues: (1) that injunctive relief violates section 501(a)(2)(i) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1983 ch. 40, par. 501(a)(2)(i)); (2) that the wife's motion for the TRO was legally insufficient under section 11-101 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 11-101); (3) that the trial court denied the husband a full and adequate hearing before issuing the preliminary injunction; and (4) that the injunction order itself was legally defective.

A

• 2 The husband contends that the preliminary injunction violated section 501(a)(2)(i) because it restrained funds related to the husband's law practice. The husband argues that section 501 prohibits injunctive relief during the pendency of a dissolution proceeding if the injunction interferes with the day-to-day operation of the party's ...


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