In re Marriage of Difiglio

Illinois Appellate Court
Civil Court
Personal Jurisdiction
Citation
Case Number: 
2016 IL App (3d) 160037
Decision Date: 
Wednesday, October 19, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
LYTTON

In dissolution action, wife filed 3rd-party complaint against husband's brother-in-law and attorney-in-fact, alleging that he owed money to the marital estate. Court properly denied 3rd-party Defendant's motion to dismiss for lack of personal jurisdiction. Third-party Defendant obtained possession and control of proceeds of sale of company while they were in Illinois, and wife's cause of action against him arose from his possession and control of those funds. Thus, court had jurisdiction over him, pursuant to Section 2-209(a)(10) of Illinois long-arm statute. Illinois' assertion of jurisdiction over 3rd-party Defendant comports with due process clauses of Illinois and federal constitutions because he had sufficient minimum contacts with Illinois. His numerous contacts with Illinois establish that he purposefully availed himself to privilege of conducting activities in Illinois. (CARTER and McDADE, concurring.)