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In re Marriage of Little

Court of Appeals of Illinois, Second District

December 22, 2014

In re MARRIAGE OF CHERI LITTLE, Petitioner-Appellee, and DONALD LITTLE, Respondent-Appellant

Appeal from the Circuit Court of Kendall County. No. 10-D-240. Honorable Marcy L. Buick, Judge, Presiding.

Reversed and remanded.

SYLLABUS

The trial court's dismissal of respondent's petition to vacate the parties' marital settlement agreement pursuant to section 2-1401 of the Code of Civil Procedure was reversed and the cause was remanded for further proceedings, since the petition was sufficient to state a claim for relief based on the allegations that petitioner failed to disclose the assistance petitioner provided to her brother in establishing his business during the parties' marriage and respondent exercised due diligence in presenting his claim to the trial court in the original action and in filing his petition.

Theresa A. McAdams, McAdams & Associates, P.C., of Yorkville, for Appellant.

Richard M. Ferguson, Thomas E. St. Jules, Dreyer, Foote, Streit, Furgason & Slocum, P.A., of Aurora, for Appellee.

JUSTICE JORGENSEN delivered the judgment of the court, with opinion. Presiding Justice Schostok and Justice Hutchinson concurred in the judgment and opinion.

OPINION

JORGENSEN, JUSTICE

Page 686

[¶1] Respondent, Donald Little, appeals from the dismissal of his petition under

Page 687

section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2012)), in which he sought to vacate a marital settlement agreement (MSA) with petitioner, Cheri Little. Donald argues that the trial court erred in dismissing his petition, because the allegations of his petition, when viewed in the light most favorable to him, are sufficient to state a claim for relief under section 2-1401 of the Code. For the reasons that follow, we reverse and remand for further proceedings.

[¶2] On June 23, 2010, Cheri petitioned for the dissolution of her marriage to Donald. On October 10, 2012, the marriage was dissolved. The judgment of dissolution incorporated an MSA, which divided the assets and liabilities of the parties. In the MSA, Donald waived any interest in " Wife's present or future interest in the marital business, formerly known as D & K Plastics."

[¶3] On May 7, 2013, Donald filed a petition to vacate the MSA under section 2-1401 of the Code (735 ILCS 5/2-1401 (West 2012)). In the petition, as amended, Donald alleged that, while the dissolution proceedings were pending, Cheri transferred assets belonging to the marital business, D& K Plastics, to her brother, Glen Dieter, and his company, Hydro-Master Parts Corp., with which she became ...


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