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In Re: the Marriage of v. Melvin Lee Price

April 10, 2013

IN RE: THE MARRIAGE OF JILL ANNE PRICE,
PETITIONER-APPELLEE,
v.
MELVIN LEE PRICE, RESPONDENT-APPELLANT.



Appeal from Circuit Court of Vermilion County No. 07D361 Honorable Karen E. Wall, Judge Presiding.

The opinion of the court was delivered by: Justice Knecht

Carla Bender

4th District Appellate

JUSTICE KNECHT delivered the judgment of the court, with opinion. Presiding Justice Steigman and Justice Turner concurred in the judgment and opinion.

OPINION

¶ 1 In June 2011, the trial court dissolved the marriage of petitioner, Jill Anne Price, and respondent, Melvin Lee Price, but reserved all other issues pending between the parties except the grounds of dissolution. On October 18, 2011, the court entered its supplemental order resolving all issues then pending between the parties. In February 2012, following the denial of his posttrial motion, Melvin filed a motion for stay of judgment pending his appeal and a notice of appeal in case No. 4-12-0155. On February 27, 2012, Jill filed a motion to dismiss Melvin's motion for stay of judgment, or in the alternative, to require Melvin to pay an appeal bond. She also asked for interest to be assessed on the court's October 18, 2011, order. On February 29, 2012, Jill filed a petition for a finding of indirect civil contempt, or in the alternative, for enforcement of the court's October 18, 2011, supplemental order. During an April 5, 2012, hearing on the motions, the court orally ordered interest on the money judgment to commence on January 18, 2012 (90 days after its October 18, 2011, supplemental order).

¶ 2 Melvin appeals, docketed as No. 4-12-0422, arguing the trial court lacked jurisdiction to modify its October 18, 2011, supplemental order. We affirm.

¶ 3 I. BACKGROUND

¶ 4 On June 13, 2011, the trial court entered an order dissolving the marriage of Jill and Melvin while reserving all other issues pending between the parties except the grounds of dissolution. On October 18, 2011, the court entered its supplemental order to the dissolution judgment resolving all issues then pending between the parties. Because the facts surrounding the parties' dissolution and procedural history were discussed in length in this court's opinion on Melvin's first appeal, In re Marriage of Price, 2013 IL App (4th) 120155, we will only discuss the facts necessary for the disposition of the instant appeal.

¶ 5 On February 23, 2012, Melvin timely filed his notice of appeal in case No. 4-12-0155 in which he argued the trial court erred in awarding Jill the following: (1) $7,500 per month in permanent maintenance; (2) $15,000 toward her attorney fees; and (3) an equalization payment of $330,275.10 within 90 days of the judgment. Also on February 23, 2011, Melvin filed a motion for stay of judgment pending his appeal. On February 27, 2012, Jill filed a motion to dismiss Melvin's motion for stay of judgment, or in the alternative, to require Melvin to pay an appeal bond. In this motion, Jill also asked for interest to be assessed on the court's October 18, 2011, supplemental order. On February 29, 2012, Jill filed a petition for a finding of indirect civil contempt, or in the alternative, for enforcement of the court's supplemental order.

¶ 6 On April 5, 2012, while Melvin's appeal was pending in case No. 4-12-0155, the trial court conducted a hearing on these motions. At the conclusion of the hearing, the court stayed the equalization payment and ordered Melvin to post bond in the amount of 125% of the amount stayed within 45 days. Over defense counsel's objection, the court also ordered interest on the money judgment to commence to run 90 days after the October 18, 2011, supplemental order to judgment of dissolution of marriage. According to a May 24, 2012, docket entry, Melvin informed the court he would not be obtaining an appeal bond and requested the court reconsider. The court denied his request to reconsider.

¶ 7 This appeal followed.

¶ 8 II. ANALYSIS

ΒΆ 9 Melvin argues the trial court lacked jurisdiction to enter its April 5, 2012, order modifying the terms of the October 18, 2011, supplemental order to judgment of dissolution of marriage because he ...


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