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In re Estate of C.B.

Court of Appeals of Illinois, Third District

September 3, 2013

In re ESTATE OF C.B., a Minor (Richard B., Petitioner-Appellee,
v.
Eran Ajradinoski, Respondent-Appellant).

Held: [*]

On appeal from an order temporarily granting petitioner guardianship of his minor half-brother, following the death of the minor’s mother, and the finding that the minor’s father was unable to make day-to-day decisions for the minor, the appeal was dismissed on the ground that the order was interlocutory and not appealable under Supreme Court Rule 304(b)(1), since the order did not make a final ruling on the guardianship petition.

Appeal from the Circuit Court of Will County, No. 13-P-224; the Hon. Review J. Jeffery Allen, Judge, presiding.

Richard Broderick, of Wilmette, for appellant.

Paul T. Napolski, of Lisle, for appellee.

Jennifer Lynch, of June, Prodehl, Renzi & Lynch, LLC, of Joliet, guardian ad litem.

Justices Carter and O'Brien concurred in the judgment and opinion.

OPINION

LYTTON, JUSTICE

¶ 1 Respondent, Eran Ajradinoski, appeals from a temporary order of the circuit court granting guardianship to petitioner, Richard B., pending a full hearing on the matter. We find that the trial court's order preserving the status of the minor pending a full hearing on the matter was not a final determination of respondent's rights appealable under Illinois Supreme Court Rule 304(b)(1) (eff. Jan. 1, 2006). We therefore dismiss the appeal.

¶ 2 Respondent is the biological father of C.B. C.B.'s mother, Patricia B., and respondent had a brief relationship in 1998 but did not marry. In 1999, the trial court entered a paternity order and awarded custody of C.B. to Patricia B. Shortly thereafter, respondent moved to Indiana. In September of 2012, Patricia B. enrolled C.B. in the Montcalm School for Girls and Boys, a therapeutic facility in Albion, Michigan. The program offers 24-hour services and tuition is paid for by the Wilmington School District.

¶ 3 On March 15, 2013, Patricia B. died due to liver cancer complications. On April 1, 2013, Richard B., C.B.'s half brother, filed a petition for guardianship. The petition named respondent as C.B.'s father and provided an address of 303 W. Main Street, Washington, Indiana. On April 9, 2013, counsel for respondent filed an appearance on his behalf. The trial court appointed attorney Jennifer Lynch as guardian ad litem for C.B. and set the matter for hearing. On April 19, the parties appeared before the court and discussed the circumstances of the case, particularly with respect to custody and jurisdiction. The trial court expressed concern that it was going to take some time to resolve those issues. The court stated, "while this is going on *** I want to be sure that this child's welfare and status quo isn't disturbed while we go through this process." The attorney for the school district then informed the court that the district's responsibility for C.B.'s ongoing educational program was contingent upon the residency of the legal guardian, not the student. The parties indicated that they understood the guardianship proceedings had been initiated to address that issue.

¶ 4 Following the hearing on April 19, the court entered the following order:

"The court being fully advised in the premises, and over the objection of natural father, Eran Ajradinoski, finds that the minor's mother is deceased and that the father is willing but unable to make day-to-day decisions for the minor child based upon initial ...

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