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Marzouki v. Najar-Marzouki

Court of Appeals of Illinois, First District, Fourth Division

May 15, 2014

JAMEL MARZOUKI, Petitioner-Appellant,
v.
OLFA NAJAR-MARZOUKI, Respondent-Appellee

Page 621

Appeal from the Circuit Court of Cook County. No. 13 D2 30088. Honorable Mark Lopez, Judge Presiding.

SYLLABUS

The trial court's denial of petitioner's motion to stay proceedings on respondent's motion to allocate the parties' marital assets was affirmed, since the record showed the parties' marriage was dissolved by a French court, that court ordered the parties to liquidate and distribute the assets out of court, no proceedings were pending in the French court, petitioner had registered the French judgment in the Illinois court, and he failed to meet his burden of showing that the Illinois court's denial of his motion for a stay was an abuse of discretion.

For Appellant: Lawrence W. Byrne, Naureen Amjad, Pedersen & Houpt.

For Appellee: Mitchell B. Gordon, Maria A. Citino Sfreddo, Bradford & Gordon, LLC.

JUSTICE EPSTEIN delivered the judgment of the court, with opinion. Justices Fitzgerald Smith and Lavin concurred in the judgment and opinion.

OPINION

EPSTEIN JUSTICE.

Page 622

[¶1] Petitioner, Jamel Marzouki (Jamel), filed this interlocutory appeal, pursuant to Illinois Supreme Court Rule 307(a)(1) (eff. Feb. 26, 2010), from the August 14, 2013 order of the circuit court of Cook County denying his motion for a stay and to enjoin discovery and trial. He further appeals all underlying orders including the July 22, 2013 order of the circuit court denying his motion to dismiss respondent's motion to allocate the marital estate. For the reasons that follow, we conclude that we lack jurisdiction to address the circuit court's denial of Jamel's motion to dismiss, and we affirm the August 14, 2013 order denying his motion for a stay and to enjoin discovery and trial.

[¶2] BACKGROUND

[¶3] Jamel and respondent, Olfa Najar-Marzouki (Olfa), are French citizens. Both were born in Tunisia and married there in 1998. This was Jamel's third marriage and Olfa's first. Jamel and his first wife divorced in 1989 in France. Jamel and his second wife divorced in 1996 in Wisconsin. In 1999, Jamel and Olfa moved to Illinois. In 2002, the couple purchased a residence in Evanston, which they continue to own jointly. Jamel and Olfa have two children and both were born in Illinois. In July 2010, they moved with their children to France, where Jamel worked remotely for his Illinois-based employer. Olfa worked in France as a medical researcher. While in France, they rented out their Evanston residence.

[¶4] In January 2011, Jamel filed for divorce from Olfa. In December 2011, the couple and their children returned to the United States. On November 26, 2012, the family judge of the French court entered a seven-page judgment ...


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