In re Marriage of Dianovsky

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121223
Decision Date: 
September 10, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
HARRIS
Holding: 
Dismissed.
Respondent father's amended petition for rule to show cause, in which issue of payment is related to court's order addressing petitioner's motion to modify or abate support, remains pending, and court has not yet entered a contempt order imposing sanction on that petition. Thus, petition is a claim within meaning of Rule 304(a) of Marriage and Dissolution of Marriage Act, and an appeal filed before the resolution of the contempt petition, without a Rule 304(a) finding, is premature. As petition is not a separate claim independent of underlying action, a Rule 304(a) finding is required to appeal the order and the order granting petitioner's motion to reconsider. (CONNORS and SIMON, concurring.)