Gitlin Law Firm 2010 Illinois Divorce and Paternity Case and ...

Appeals
Molloy – Whether Order Amounts to Injunction – Ministerial Order Under §604.5 Prohibiting
Attorneys from Accompanying Party to Custody Evaluator Interview
st
IRMO Molloy, (1 Dist., February 10, 2011)
The critical distinction in determining whether an order is an injunction and immediately appealable
is whether the order is simply ministerial:
However, as our supreme court made clear, the language of an order does not
determine whether it may be appealed. In re A Minor, 127 Ill. 2d at 260. "Not every
nonfinal order of a court is appealable, even if it compels a party to do or not do a
particular thing." In re A Minor, 127 Ill. 2d 247, 261-62, (1989). Court orders that are
ministerial or administrative cannot be the subject of an interlocutory appeal. In re A
Minor, 127 Ill. 2d at 262. An order is deemed ministerial or administrative if it
regulates only procedural details of the litigation before the court.
The appellate court concluded:
No injunctive relief under Supreme Court Rule 307(a)(1) was granted by the circuit
court's order barring the petitioner's attorneys from accompanying the petitioner to
his interview with the evaluator under section 604.5 of the Illinois Marriage and
Dissolution Act. The order was ministerial, setting a condition on a custody
evaluation as section 604.5(b) expressly provides. We have no jurisdiction to address
this interlocutory appeal.
Note that no reply brief was filed.
Other:
Illinois Supreme Court Oral Arguments:
To see Supreme Court Oral Arguments, Click here.
May 17, 2011 - Oral Arguments Petersen v. Petersen
New Notice for Income Withholding Federal Form that the States Must Follow:
See: www.acf.hhs.gov/programs/cse/newhire/employer/private/income_withholding.htm
See also: www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154.pdf
And: http://www.acf.hhs.gov/programs/cse/pol/AT/2011/at-11-05.htm (Action Transmittal) of May
16, 2011.
New Supreme Court Rules Re Lawyers Trust Funds:
See: www.iardc.org/NewRule%201.15.html
Illinois Adopts Public Domain Citations: On May 31, 2011, Illinois has adopted on a going
forward basis public domain citations.
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