In re Marriage of Roman-Kroczek

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2021 IL App (1st) 210613
Decision Date: 
Tuesday, December 28, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
HOWSE

Court abused its discretion when it granted injunction ordering wife's sister to sell property in Florida to pay the divorcing parties' attorney fees on an interim basis. Wife's sister had loaned the couple money for a down payment, and they agreed to execute a lien against the property in sister's favor. Court's order is a mandatory permanent injunction which is overreaching and manifestly unreasonable under the circumstances and is an abuse of discretion. The divorcing parties own other properties and have assets that can satisfy claims by the attorneys. The injunction does not preserve status quo until a final resolution can be had, but injects more uncertainty into the case.  (LAVIN and COBBS, concurring.)