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12/28/88 In Re Marriage of Werner Reimann

December 28, 1988

IN RE MARRIAGE OF WERNER REIMANN, PETITIONER-APPELLANT AND


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

Counterrespondent, and CAROL J. REIMANN,

Respondent-Appellee and Counterpetitioner

533 N.E.2d 104, 178 Ill. App. 3d 288, 127 Ill. Dec. 486 1988.IL.1886

Appeal from the Circuit Court of Cook County; the Hon. Donna L. Cervini, Judge, presiding.

APPELLATE Judges:

JUSTICE RIZZI delivered the opinion of the court. WHITE, P.J., and FREEMAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RIZZI

Petitioner, Werner Reimann (Werner), appeals from a judgment of the circuit court of Cook County awarding respondent, Carol Reimann (Carol), certain property, maintenance and attorney fees. On appeal, Werner argues that (1) the apportionment of marital property and award of maintenance are contrary to law, an abuse of discretion and against the manifest weight of the evidence and (2) the award of attorney fees is contrary to law and constitutes a manifest abuse of discretion. We affirm.

Carol and Werner were married on August 30, 1958. Nearly 25 years later, on January 5, 1983, Werner filed a petition for dissolution of marriage. On February 27, 1984, Carol received leave of court to file a counterpetition for dissolution of marriage.

The trial court conducted a hearing on both Carol's and Werner's petitions. Both Carol and Werner stipulated to irreconcilable differences for dissolution of the marriage. Following the court's order dissolving the marriage, a trial was had to determine maintenance, division of property and assets and attorney fees.

Introduced into evidence by way of stipulation was information as to Werner's business ventures. This evidence included balance sheets from a company in which Werner owned a 50% interest, Flex Construction (Flex); a letter from Carol's expert witness valuing Flex at $37,500; a letter from Werner's expert valuing Flex at $15,541; a valuation of Werner's interests in some limited partnerships in Crystal Lake, Illinois, at $120,000; Werner's receipt of $20,400 from the sale of a piece of property of the limited partnerships; an appraisal of the marital home at $105,000; the admission of a life insurance policy on Werner's life with a face value of $5,000; a life insurance policy on Carol's life with a face value of $1,500; and a stipulation of the following as marital property: the marital home, Werner's interest in the limited partnerships, a savings account of $5,500, an interest in Flex, the $20,400 from the sale of the limited partnership property, a withdrawal by Werner of $15,000 from an employer thrift plan and a receivable from Flex in the amount of $7,200.

With respect to income, testimony was introduced as to Werner's and Carol's earnings. The evidence reflected the following:

Werner 18,95 3.32 (Inryco) 34,423.15 (Flex) ...


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