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10/30/89 In Re Marriage of Robert J. Morris

October 30, 1989

IN RE MARRIAGE OF ROBERT J. MORRIS, PETITIONER-APPELLEE,


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

and BEVERLY R. MORRIS, Respondent-Appellant

546 N.E.2d 734, 190 Ill. App. 3d 293, 137 Ill. Dec. 789 1989.IL.1713

Appeal from the Circuit Court of Cook County; the Hon. Barbara J. Disko, Judge, presiding.

APPELLATE Judges:

JUSTICE BUCKLEY delivered the opinion of the court. O'CONNOR, J., concurs. JUSTICE QUINLAN, Dissenting.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BUCKLEY

The marriage of Beverly and Robert Morris was dissolved pursuant to a judgment of dissolution of marriage entered April 17, 1984. An oral property settlement agreement was incorporated into that agreement by a supplemental judgment entered July 24, 1984, the terms of which were to apply retroactively to April 10, 1984. Beverly appealed from these judgments, and this court issued its opinion affirming the circuit court on July 7, 1986. *fn1 On May 5, 1987, Beverly filed a "Petition for Turnover Order, Determination of Interest on Judgment and Other Necessary Relief." The circuit court denied Beverly's request for interest, and she now appeals from that denial. In issue is whether an award of interest on a supplemental judgment is mandatory or discretionary. For the reasons set forth below, we find that the circuit court erred in denying Beverly's petition for interest and reverse and remand.

The July, 24, 1984, supplemental judgment, which incorporated the oral property settlement agreement into the April 17, 1984, divorce decree, provides in pertinent part, as follows:

"1.01 . . . During the first year only, Husband shall pay the Wife's additional maintenance only in the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000)."

The judgment further requires Robert to pay the following:

"2.04 Further Property Settlement

Husband shall pay ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) to Wife as and for a further property settlement herein, same to be considered nontaxable to Wife and nondeductible for tax purposes to Husband. The payments of said property settlement will be as follows, without interest:

(a) $50,000 on or before October 10, 1984

(b) $50,000 on or before ...


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