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In re Guardianship of J.D.

September 28, 2007

IN RE GUARDIANSHIP OF J.D.
(GLEN E. DRESHER, CO-GUARDIAN-APPELLANT;
ROSANNE C. DRESHER, CO-GUARDIAN/APPELLEE;
JEAN ADAMS, GUARDIAN AD LITEM-APPELLEE).



Appeal from the Circuit Court of Cook County, Illinois No. 89 P 10253 Honorable Maureen Connors Judge Presiding.

The opinion of the court was delivered by: Justice Joseph Gordon

Published opinion

Glen E. Dresher appeals from the circuit court's orders temporarily removing him as co-guardian of his adult disabled child, J.D. For the reasons that follow, we dismiss the appeal for lack of jurisdiction.

I. BACKGROUND

On December 6, 1989, Glen Dresher and his former wife Rosanne C. Dresher were appointed co-guardians of the person and estate of their disabled son, J.D. J.D. turned 18 on February 17, 1990. J.D. is developmentally disabled and autistic and has been living at St. Colletta's, a residential facility in Wisconsin, for over 20 years.

Glen was convicted of attempted murder and aggravated domestic battery for striking Rosanne with his car several times in 2001. This court affirmed the attempted murder conviction and a 10-year sentence, but vacated the aggravated domestic battery conviction in our March 24, 2006, opinion in People v. Dresher, 364 Ill. App. 3d 847, 847 N.E.2d 662 (2006).

On August 10, 2006, Rosanne filed a pro se motion to release Glen from his guardianship rights. Counsel for Glen appeared on August 28, 2006, and the court issued an order granting Glen 21 days to respond or otherwise plead to Rosanne's motion, set a status date, and "temporarily suspended without prejudice" Glen as guardian. Glen subsequently brought a section 2-615 (735 ILCS 5/2-615 (West 2004)) motion to dismiss Rosanne's motion for failure to comply with the requirement of section 2-603(a), that "[a]ll pleadings shall contain a plain and concise statement of the pleader's cause of action." (735 ILCS 5/2-603(a) (West 2004)). Glen also brought a motion for reconsideration of the court's August 28, 2006, order.

On October 16, 2006, the court issued two orders. In the first order it stated:

"1. The aforesaid motions for reconsideration and for dismissal are granted;

2. The court, sua sponte, moves for the removal of Glen Dresher as guardian of [J.D.], and Glen Dresher is temporarily removed as guardian, over objection of his counsel;

3. As to paragraph 2 of this order, and concurrent order for issuance of citation, there is no just cause or reason to delay enforcement or appeal of this order."

The second order stated:

"It is hereby ordered that

1. The authority of the co-guardian, Glen Dresher, be suspended pending a hearing on a ...


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