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04/15/94 MARRIAGE ELYSEE DAVIS PETITIONER AND

April 15, 1994

IN RE: THE MARRIAGE OF ELYSEE DAVIS, PETITIONER, AND VINCENT DAVIS, RESPONDENT-APPELLEE, AND LONATHAN D. HURSE, ATTORNEY FOR ELYSEE DAVIS, RESPONDENT-APPELLANT.


Appeal from the Circuit Court of Cook County. Honorable Kathy M. Flanagan, Judge Presiding.

Released for Publication June 7, 1994.

McNULTY, Murray, Gordon

The opinion of the court was delivered by: Mcnulty

JUSTICE McNULTY delivered the opinion of the court:

Lonathan D. Hurse is the attorney for Elysee Davis in her divorce proceeding. On October 21, 1992, the circuit court of Cook County entered an order directing Mr. Hurse to pay attorney fees in the amount of $600 to the attorney representing Vincent Davis in that proceeding for failure to comply with two orders previously entered by the court on September 11 and 18, 1992. The September 11, 1992 order was entered after a hearing on petitioner, Elysee Davis' motion for temporary restraining order against respondent Vincent Davis to prevent him from dissipating marital income. After hearing arguments regarding the parties' marital assets, the court issued an order imposing a requirement upon Mrs. Davis to provide proof of insurance for the parties' 1989 Toyota Supra automobile. The parties appeared in court again on September 18, 1992, on Mrs. Davis' motion for withholding income from Mr. Davis' earnings for payment of child support, arrearage owed on child support and attorney fees. Mr. Davis' attorney, William Taylor, told the court that Mrs. Davis had not provided him with proof that the parties' Toyota was insured. The court entered an order requiring Mrs. Davis to produce the proof of insurance by 5 p.m., September 21, 1992, to Mr. Taylor.

Mrs. Davis provided Mr. Hurse with an application insurance binder, dated August 18, 1992, issued by Mid-City Insurance Agency for limited liability coverage for a period of six months for the parties' Toyota. The total premium stated on the binder was in the amount of $454. The binder expired on August 21, 1992.

Mr. Taylor subsequently questioned the validity of the binder. He further demanded that Mrs. Davis provide him with an insurance policy which included coverage for theft and damage. He further stated his intention to bring a rule to show cause and a petition for attorney fees against Mrs. Davis for failing to comply with the court's directive.

On October 21, 1992, the trial court held a hearing on Mr. Taylor's rule to show cause. The parties stipulated to the following inquiries made by the court:

"1. That the parties owned a 1989 Toyota automobile.

2. That the automobile is in the sole possession of Mrs. Davis.

3. That Mrs. Davis is the only driver of the automobile.

4. That the September 11, 1992 order (paragraph 4), provided that Mrs. Davis shall provide proof of insurance for the 1989 Toyota Supra to Mr. Davis.

5. That the September 18, 1992 order (paragraph 2), provided that Mrs. Davis shall provide proof of insurance for the 1989 Toyota Supra jointly owned by the parties to Mr. Taylor by 5:00 p.m., September 21, 1992.

6. That Mrs. Davis provided an application binder for insurance for said automobile which expired on ...


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