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Lehr v. Lehr

November 09, 2000

IN RE MARRIAGE OF ROSEMARIE LEHR, PETITIONER-APPELLEE,
v.
LOUIS A. LEHR, DEFENDANT-APPELLANT.



The opinion of the court was delivered by: Presiding Justice Campbell

APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE LEIDA J. SANTIAGO, JUDGE PRESIDING.

This appeal is related to this court's decision of In re Marriage of Lehr, 217 Ill. App. 3d 929, 578 N.E.2d 19 (1991), in which this court reversed an August 30, 1988, order of the circuit court of Cook County reducing maintenance payments to petitioner Rosemarie Lehr and a July 19, 1989, order allocating attorney fees between Rosemarie and respondent Louis A. Lehr. This court held that: (1) Rosemarie's income could not be used as ground for reducing Louis's monthly obligation of unallocated alimony and child support; (2) the emancipation of the parties' children, Rosemarie's completion of mortgage payments and employment did not warrant modification of monthly obligation; and (3) the allocation of attorney fees could not be reviewed until the amount of those fees was clear from the record. The case was remanded for further proceedings consistent with this court's opinion.

In this appeal, Louis contests an order of the circuit court of Cook County awarding Rosemarie maintenance she would have received but for the now-reversed August 30, 1988, order reducing maintenance. Louis also appeals the trial court's denial of Count III of a petition he filed on remand seeking reimbursement for alleged overpayments of unallocated alimony and child support.

The record in this appeal reveals the following facts. On remand, Rosemarie filed a Motion for Entry of Judgment in the amount of $40,350, largely representing the difference in maintenance she received between September 1988 and January 1992 and the sum she would have received had maintenance not been reduced on August 30, 1988. Louis apparently moved to strike and dismiss Rosemarie's motion, though the record citation provided by Louis does not correspond to such a motion. On August 3, 1992, the trial court held a hearing on the motion stating in part that:

"This court finds that the Appellate Court, 1st District, delivered an opinion on June 28, 1991, reversing and remanding the cause for hearing, 'a hearing on the reasonableness of Rosemary's [sic] attorney fees and the allocation of fees between the parties.' Said court also found that the trial court erred in reducing unallocated maintenance and support orders.

"The Appellate Court's decision in the case gave no directive to restore any portion of the reduction made by the August 30, 1988, order. The judgment of the trial court was reversed and remanded for further proceedings consistent with the Appellate Court's opinion.

"It is therefore ordered that the motion for entry of judgment is hereby stricken and dismissed and this matter shall be set for hearing on a date certain. There will be a hearing in accordance with the Appellate Court's finding."

Rosemarie's counsel and the trial court later engaged in the following exchange:

"MR. CARLSON: If I could state my objection, your Honor. It's my understanding that the opinion only remanded the issue of fees, your Honor.

"THE COURT: That's not my opinion on what the opinion says, Mr. Carlson."

Louis's counsel and the trial court then engaged in the following exchange:

"MS. MARCUS: *** Your Honor, may we bring the order in later, your Honor?

"THE COURT: No, all I need is an order continuing it or setting ...


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