Digitally signed by Reporter of Decisions Reason: I attest to Illinois Official Reports the accuracy and integrity of this document Appellate Court Date: 2022.03.30 14:12:41 -05'00'
In re Estate of McDonald, 2020 IL App (2d) 191113 Appellate Court In re ESTATE OF JOHN W. McDONALD III, Deceased (Shawn Caption McDonald, Petitioner and Counterrespondent-Appellee, v. Ellizzette McDonald, Respondent and Counterpetitioner-Appellant). District & No. Second District No. 2-19-1113 Rule 23 order filed December 22, 2020 Motion to publish allowed February 1, 2021 Opinion filed February 1, 2021 Decision Under Appeal from the Circuit Court of Kane County, No. 17-P-744; the Review Hon. James R. Murphy, Judge, presiding. Judgment Affirmed in part and reversed in part. Cause remanded with directions. Counsel on Steven J. Roeder and Thomas D. Gipson, of Roeder Law Offices LLC, Appeal of Chicago, and Robert G. Black, Law Offices of Robert G. Black, P.C., of Naperville, for appellant. Patrick M. Kinnally and Christopher J. Warmbold, of Kinnally Flaherty Krentz Loran Hodge & Masur PC, of Aurora, for appellee. Panel JUSTICE HUDSON delivered the judgment of the court, with opinion. Justices Schostok and Birkett concurred in the judgment and opinion. OPINION ¶1 I. INTRODUCTION ¶2 This appeal concerns the estate of decedent, John W. McDonald III. Decedent died intestate on December 11, 2017. Four days later, petitioner, Shawn McDonald (Shawn), decedent’s brother, filed in the circuit court of Kane County a petition for letters of administration and an affidavit of heirship. The trial court appointed Shawn as the administrator of decedent’s estate and declared decedent’s parents—John W. McDonald Jr. and Brenda K. McDonald—and siblings—Shawn, Heather Ladue, and Brett McDonald—as his only heirs. Respondent, Ellizzette McDonald (Ellizzette), purporting to be decedent’s surviving spouse, sought to vacate the order appointing Shawn as the administrator of decedent’s estate and the order of heirship. The trial court denied Ellizzette’s motion but granted her leave to proceed pursuant to section 9-7 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/9-7 (West 2016)). Ellizzette then filed a petition for letters of administration, an affidavit of heirship, and a motion for judgment on the pleadings with regard to her petition for letters of administration. After the trial court denied Ellizzette’s motion for judgment on the pleadings, the matter proceeded to a bench trial. Shawn moved for a directed finding at the close of Ellizzette’s case. The trial court granted Shawn’s motion, concluding that Ellizzette failed to present a prima facie case on the validity of her marriage to decedent. Ellizzette then filed a notice of appeal. ¶3 On appeal, Ellizzette raises five principal issues. First, she argues that the trial court erred when it appointed Shawn as the administrator of decedent’s estate, because she was not provided with the statutorily required notice. Second, she asserts that the trial court erred in denying her motion for judgment on the pleadings. Third, she contends that the trial court erred in granting Shawn’s motion for a directed finding. Fourth, she argues that the trial court committed reversible error in barring her from testifying, at the trial on her petition, regarding her marriage and heirship. Finally, she maintains that the trial court erred in denying her motion for a continuance. For the reasons set forth below, we affirm in part, reverse in part, and remand this matter for further proceedings. ¶4 II. BACKGROUND ¶5 Decedent died intestate on December 11, 2017, in Paris, Illinois. As noted, Shawn is decedent’s brother, and Ellizzette purports to be decedent’s surviving spouse. ¶6 A. Guardianship ¶7 On March 7, 2017, Shawn filed in the circuit court of Kane County a petition for the appointment of a guardian for a disabled person. In support of the guardianship petition, Shawn submitted a physician’s report stating that decedent suffered from “bipolar disorder with manic and depressive episodes” as well as “alcohol use disorder (severe).” On May 30, 2017, the trial court entered an order declaring decedent a disabled person who “is totally without capacity”
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as specified in section 11a-3 of the Probate Act (755 ILCS 5/11a-3 (West 2016)) and appointing Shawn as the plenary guardian of decedent’s person and estate. The record suggests that decedent did not participate in the guardianship proceedings. When made aware of the proceedings, decedent obtained counsel and objected to the order appointing Shawn as his guardian. However, the record does not show that a trial was conducted on whether the guardianship should have been entered.
¶8 B. Petition for Letters of Administration and Affidavit of Heirship ¶9 On December 15, 2017, four days after decedent’s death, Shawn filed in the circuit court of Kane County (1) a petition for letters of administration and (2) an affidavit of heirship. In his affidavit of heirship, Shawn asserted that decedent had been married “once and only once and then to Debbie Greene McDonald,” with said marriage ending in divorce sometime prior to 2012. Shawn stated that on July 11, 2017, decedent “participated in a wedding ceremony with Ellizzette Duvall Minnicelli.” Shawn claimed, however, that the marriage was void ab initio because decedent lacked the capacity to consent to the marriage. Therefore, Shawn requested that decedent’s parents and his three siblings be declared as decedent’s heirs at law. The matter was assigned to Judge John A. Noverini. In an order bearing the handwritten date of December 18, 2017, but file-stamped December 19, 2017, Judge Noverini appointed Shawn as the administrator of decedent’s estate. Judge Noverini also entered an order declaring heirship, listing decedent’s parents and his three siblings as his only heirs. On December 21, 2017, the clerk of the circuit court issued letters of office advising of Shawn’s appointment as the independent administrator of decedent’s estate pursuant to the order entered by the trial court.
¶ 10 C. Petition for Declaration of Invalidity of Marriage ¶ 11 On December 22, 2017, Shawn filed a verified “Petition for Declaration of Invalidity of a Marriage,” pursuant to section 301(1) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/301(1) (West 2016)). The petition asserted as follows. On July 11, 2017, decedent participated in a marriage ceremony with an individual named “Ellizzette Duvall Minnicelli” in Edgar County, Illinois. Shawn first learned of the marriage ceremony when it was disclosed to him in open court on November 16, 2017, during a hearing in the guardianship case. Because decedent’s person and estate were under plenary guardianship when he participated in the marriage ceremony, decedent lacked the legal capacity to consent to the marriage. At the time the marriage ceremony was performed, decedent had actual knowledge of the existence of the guardianship and was actively participating in litigation in the guardianship case. Further, at the time the marriage ceremony was performed, “Ellizzette Duvall Minnicelli” had actual knowledge of the existence of the guardianship and was actively assisting decedent in pursuing then-ongoing litigation in the guardianship case. Shawn prayed for the entry of an order “declaring the invalidity of the marriage of the Decedent *** to Ellizzette Duvall Minnicelli and further declaring the said marriage to be void ab initio.” Attached to the petition was a copy of a “Certification of Marriage” issued by the clerk of Edgar County, Illinois. Shawn voluntarily withdrew this pleading without prejudice on March 7, 2018.
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¶ 12 D. Ellizzette’s Motion to Vacate ¶ 13 Meanwhile, on January 4, 2018, counsel entered an appearance on Ellizzette’s behalf. That same day, Ellizzette filed a motion for substitution of judge as a matter of right. Ellizzette’s motion was granted, and the matter was transferred to Judge James R. Murphy. ¶ 14 On January 17, 2018, Ellizzette filed a “Motion to Vacate Order Appointing Administration and Order of Heirship.” 1 Ellizzette’s motion asserted that the order appointing Shawn as the administrator of decedent’s estate and the order of heirship should be vacated because Shawn obtained letters of administration and assumed control of decedent’s estate under false pretenses. Specifically, Ellizzette contended that, (1) as decedent’s surviving spouse, she is decedent’s sole heir and has a superior right to act as decedent’s administrator and (2) Shawn intentionally failed to provide her notice of his petition for letters. ¶ 15 On March 7, 2018, Shawn filed his response to Ellizzette’s motion to vacate. Shawn asserted that, although Ellizzette participated in a “marriage ceremony” with decedent, decedent lacked the capacity to enter into a “marriage contract,” because of the guardianship. In support of his position, Shawn cited section 11a-22(b) of the Probate Act (755 ILCS 5/11a- 22(b) (West 2016)). Section 11a-22(b) provides that “[e]very note, bill, bond or other contract by any person for whom a plenary guardian has been appointed or who is adjudged to be unable to so contract is void against that person and his estate, but a person making a contract with the person so adjudged is bound thereby.” 755 ILCS 5/11a-22(b) (West 2016). Shawn asserted that marriage is a contract. Hence, pursuant to section 11a-22(b), the “marriage contract” entered into on July 11, 2017, between decedent and Ellizzette is void. Since the marriage is void, decedent was not married at the time of his death, and his only heirs at law are his parents and his siblings. Shawn did not dispute that Ellizzette was not provided notice of his petition for letters of administration. He asserted, however, that notice is required to be served on only a decedent’s heirs. Since Ellizzette is not an heir, there was no need to serve notice on her. ¶ 16 In her reply to Shawn’s response, Ellizzette argued that section 11a-22(b) of the Probate Act does not address the validity of a marriage but, rather, is intended to address transactional contracts entered into by a ward. Ellizzette further asserted that her marriage to decedent enjoys a strong presumption of validity under Illinois law (see Larson v. Larson, 42 Ill. App. 2d 467, 472 (1963) (“When the celebration of marriage is shown, the contract of marriage, the capacity of the parties, and, in fact, everything necessary to the validity of the marriage, in the absence of proof to the contrary, will be presumed ***.”)) and that the guardianship over decedent did not compel the conclusion that he was unable to consent to marriage, because the appointment of a guardian is not sufficient, in and of itself, to show that the person was incompetent to have consented to a marriage (see Pape v. Byrd, 145 Ill. 2d 13, 21 (1991)). Ellizzette added that questions regarding the validity of her marriage are governed by the Marriage Act (750 ILCS 5/101 et seq. (West 2016)). Further, section 302(b) of the Marriage Act prohibits any attempt to invalidate a marriage after the death of either party to the marriage on the basis of one party’s incapacity to consent. 750 ILCS 5/302(b) (West 2016) (“In no event may a declaration of invalidity of marriage be sought after the death of either party to the marriage under subsections (1), (2), and (3) of Section 301.”); see also 750 ILCS 5/301(1) (West 2016) (“The court shall enter its judgment declaring the invalidity of a marriage *** entered into under the following
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circumstances: (1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage[.]”). Despite his knowledge of Ellizzette’s and decedent’s marriage, Shawn failed to challenge the marriage during decedent’s lifetime and was therefore time-barred from attempting to invalidate the marriage. See 750 ILCS 5/301, 302(b) (West 2016). Thus, Ellizzette reasoned, the marriage was valid as a matter of law and she is decedent’s surviving spouse and sole heir at law. ¶ 17 On April 18, 2018, the trial court denied Ellizzette’s “motion to vacate.” 2 In the same order, the court granted Ellizzette leave to file a petition for the appointment of an administrator and an affidavit of heirship pursuant to section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)). The court directed Ellizzette to file the documents by May 2, 2018.
¶ 18 E. Ellizzette’s Petition for Letters of Administration and Shawn’s Response ¶ 19 On May 1, 2018, Ellizzette filed her petition for letters of administration and affidavit of heirship. In the filings, Ellizzette stated that she is decedent’s surviving spouse. She further asserted that, since decedent had no children, she is decedent’s sole heir. ¶ 20 On May 25, 2018, Shawn filed his response to Ellizzette’s petition for letters of administration and affidavit of heirship. In his response, Shawn argued that, pursuant to section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)), Ellizzette had three months after the issuance of letters of administration to him to file her own petition for letters of administration. Shawn argued that Ellizzette’s petition for letters of administration, which was filed on May 1, 2018, was untimely because it was filed more than three months after letters of administration were issued to him. Shawn further asserted that nothing in the statute allows the court to grant an extension to file a petition for letters of administration outside the three-month window. Therefore, he argued, the court lacked jurisdiction to consider Ellizzette’s petition.
¶ 21 F. Ellizzette’s Motion for Judgment on the Pleadings ¶ 22 On June 7, 2018, Ellizzette filed a motion for judgment on the pleadings. Initially, Ellizzette argued that the trial court was empowered to extend the filing window for a pleading under section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)) beyond the three-month window, because the language of the statute is permissive and controlling law makes clear that a party seeking to challenge an order declaring heirship is free to do so at any time during the administration of the estate or after the estate has been closed. Ellizzette also contended that, since Shawn failed to deny her verified factual allegations, including that she is decedent’s surviving spouse, these allegations were deemed admitted. See 735 ILCS 5/2-610 (West 2016). Alternatively, Ellizzette argued that the only basis to challenge the validity of a marriage after the death of one of the parties to the marriage is “the narrow bar against ‘prohibited marriages’ under the [Marriage Act].” See 750 ILCS 5/301(4), 212 (West 2016). Ellizzette requested full judgment on the pleadings in her favor or, alternatively, “partial judgment on the pleadings in
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[her] favor *** limiting discovery and hearing on the Petition to the narrow issue of whether the Decedent’s marriage to [her] constitutes a ‘prohibited marriage’ under the [Marriage Act].” ¶ 23 On July 3, 2018, Shawn filed a response to Ellizzette’s motion for judgment on the pleadings. Shawn reiterated his position that section 11a-22(b) of the Probate Act (755 ILCS 5/11a-22(b) (West 2016)) bars any contract, including one for marriage, entered into by someone such as decedent, for whom a plenary guardian had been appointed. Thus, he concluded, any marriage contract between Ellizzette and decedent was void. Shawn further contended that judgment on the pleadings was inappropriate because there remained a factual issue regarding whether the alleged marriage between Ellizzette and decedent was valid. See In re Estate of Davis, 225 Ill. App. 3d 998, 1000 (1992). ¶ 24 On September 10, 2018, the trial court denied Ellizzette’s motion for judgment on the pleadings as “premature.”
¶ 25 G. Shawn’s Motion for Judicial Notice ¶ 26 On October 2, 2018, Shawn filed a motion requesting the trial court to take judicial notice of the “Certified Copy of Edgar County, Illinois[,] Marriage Application and Record of [decedent] and Ellizzette Duvall Minicelli [sic].” Shawn attached three documents to his motion: (1) a certified copy of a “Certification of Marriage” between decedent and “Ellizzette Duvall Minnicelli” issued by the clerk of Edgar County, Illinois; (2) a certified copy of a “Marriage License” for decedent and “Ellizzette Duvall Minnicelli” issued by the clerk of Edgar County, Illinois; and (3) a certified copy of a “Marriage Application and Record” issued by the clerk of Edgar County, Illinois. On November 30, 2018, the trial court entered an order granting Shawn’s motion for judicial notice. ¶ 27 On April 15, 2019, the trial court entered an order setting the matter for trial over several dates beginning on November 18, 2019.
¶ 28 H. Ellizzette’s Counsel’s Motion to Withdraw ¶ 29 On September 12, 2019, Ellizzette’s counsel moved to withdraw. The trial court granted counsel’s motion in an order dated September 18, 2019. The same order further provided that (1) Ellizzette would have 21 days “to find other counsel and/or file a [s]ubstitute [a]ppearance,” (2) the scheduled November 18, 2019, trial date would stand, and (3) all pending motions and status of counsel would be continued to October 23, 2019.
¶ 30 I. Shawn’s Motion In Limine ¶ 31 On October 16, 2019, Shawn filed a “Motion In Limine” seeking to bar Ellizzette from testifying or presenting any evidence as to any marital relationship she had with decedent. Citing Laurence v. Laurence, 164 Ill. 367 (1896), In re Estate of Diak, 70 Ill. App. 2d 1 (1966), and In re Estate of Enoch, 52 Ill. App. 2d 39 (1964), Shawn alleged that the admission of such testimony would violate the Dead Man’s Act (735 ILCS 5/8-201 (West 2016)). ¶ 32 On October 23, 2019, Ellizzette filed an appearance on her own behalf. A week later, Ellizzette filed a response to Shawn’s motion in limine. Ellizzette argued, inter alia, that the “plain text” of section 8-201(d) of the Dead Man’s Act provides that “[n]o person shall be barred from testifying as to any fact relating to the heirship of a decedent.” 735 ILCS 5/8- 201(d) (West 2016). Ellizzette contended that, because her testimony would “relate to facts
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surrounding the heirship of [decedent], this testimony falls precisely within the exception carved out within the Dead Man’s Act itself.” Ellizzette therefore contended that her testimony as to her marriage to decedent, which would directly relate to heirship, should not be barred. ¶ 33 On November 13, 2019, following oral argument by the parties, the trial court granted Shawn’s motion in limine. The court explained that “Illinois law says that the spouse cannot testify as to heirship, and there’s cases cited, and they weren’t responded to.” That same day, the trial court entered a written order in accordance with its oral finding, granting Shawn’s motion in limine and barring Ellizzette from “testifying regarding her putative marriage to the decedent or regarding the decedent’s heirship.”
¶ 34 J. Ellizzette’s Motion for Continuance ¶ 35 At the hearing on November 13, 2019, the court asked Ellizzette if she would be ready for trial on November 18, 2019. Ellizzette responded that she would not be ready but stated that she was aware that “that’s the date” and that she was “not looking to *** waste the Court’s time.” She further informed the court that she would be present on November 18 “if [she is] expected to be [in court].” ¶ 36 At 3:49 a.m. on November 18, 2019, Ellizzette filed a “Motion for Continuance” seeking to continue the trial to December 3, 2019, or later. In the motion, Ellizzette alleged that she had good cause for requesting an extension, because (1) her father had been hospitalized in Arizona and declared “end of life”; (2) her mother, whom she categorized as a “key witness,” would be unable to attend the trial due to the status of Ellizzette’s father; (3) Ellizzette’s attorneys withdrew from the case due to the “high outstanding balance” of attorney fees that Ellizzette was unable to pay, because she was involved in an automobile accident that resulted in significant out-of-pocket medical expenses; and (4) Ellizzette was unable to obtain the testimony of two key witnesses. Ellizzette also asserted that she had paid the outstanding balance owed to her prior attorneys and requested that they be allowed to reenter an appearance on her behalf. The trial court denied the motion for a continuance.
¶ 37 K. Trial ¶ 38 The matter proceeded to trial on Ellizzette’s petition, with the evidence centered on the validity of Ellizzette’s marriage to decedent. In accordance with the trial court’s ruling on Shawn’s motion in limine, Ellizzette did not testify. However, Ellizzette called three witnesses in her case-in-chief: Diane Boyer, Dr. Visar Belegu, and Ray Bement. ¶ 39 Boyer testified that she was involved in the preparations for Ellizzette’s and decedent’s marriage and observed Ellizzette and decedent interacting with each other every week in 2017. Boyer also opined that Ellizzette and decedent were happily living together. ¶ 40 Dr. Belegu, a colleague of decedent, testified that he was aware that Ellizzette and decedent had married. Dr. Belegu further testified that he had contact with decedent two or three times a week in 2017. In Dr. Belegu’s opinion, decedent was happily married. On cross-examination, Dr. Belegu testified that he was not present at any marriage ceremony between Ellizzette and decedent and that he was not aware of any witnesses to the marriage. ¶ 41 Bement testified that he met Ellizzette and decedent in 1982. In 2017, Bement learned that Ellizzette and decedent were engaged. Bement participated in preparations for a marriage ceremony between Ellizzette and decedent. To that end, on July 11, 2017, Bement performed
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Ellizzette’s and decedent’s marriage ceremony in the participants’ home in Paris, Edgar County, Illinois. Bement further testified that he signed the marriage certificate in the kitchen of Ellizzette’s and decedent’s home in Paris. After Bement signed the marriage certificate, he, Ellizzette, and decedent went to Allerton Park in Monticello (Piatt County) for an additional “more secular” ceremony. Bement also stated that he attended a Ketubah signing on July 10, 2017, at Ellizzette and decedent’s home in Paris. Bement explained that a Ketubah is “like what Christians would call a marriage license” and states what each party will bring to the relationship. Following the marriage, Bement interacted with Ellizzette and decedent on professional and personal bases. ¶ 42 On cross-examination, Bement testified that it was his idea to be the officiant at Ellizzette and decedent’s marriage ceremony. He obtained a certificate to become an officiant from an online ministry in a process that took between 5 and 10 minutes. The following exchange then ensued between Shawn’s counsel, Bement, Ellizzette, and the trial court: “Q. And the marriage ceremony, as you testified on direct, the secular marriage ceremony was conducted in Piatt County; is that a fair statement? A. Yes. *** [ELLIZZETTE]: Objection, Your Honor. Mr. Bement also testified earlier that he performed a marriage ceremony at our home in Paris. [SHAWN’S COUNSEL]: His testimony according to my notes was that the secular part of the marriage was conducted in Piatt County. That’s what he testified to. THE COURT: All right. You’ll be able to redirect questions, so overruled.” Bement further testified that the only people present for the Piatt County ceremony were decedent and Ellizzette. ¶ 43 On redirect examination, Bement reiterated that he signed the marriage certificate in the kitchen of Ellizzette and decedent’s house in Paris, Edgar County, Illinois. ¶ 44 Following Bement’s testimony, Ellizzette stated that she had no other witnesses. Shawn’s counsel then orally moved for a directed finding on the issue of the validity of the marriage. Counsel advanced several grounds for his position. First, he asserted that the best evidence of the existence of a marriage is the marriage certificate itself but that “[t]hey haven’t produced any documents with respect to that.” Second, counsel asserted that “[t]he case law in Illinois” requires two witnesses to a marriage but that Bement “conducted a secular proceeding in Piatt County apparently with no witnesses.” Third, counsel posited that, before a marriage where one of the participants is a ward of the court, the Probate Act requires the court to conduct a best-interest hearing. Counsel noted that, although decedent was a ward of the court, no hearing was ever held to determine if the marriage was in decedent’s best interest. Fourth, counsel maintained that marriage is a “civil contract” and the Probate Act prohibits a ward of the court from entering into a contract with any other person. Accordingly, Shawn requested that the trial court dismiss Ellizzette’s claim that she is decedent’s heir. ¶ 45 Ellizzette responded that she and decedent “followed the rules according to the Edgar County circuit clerk.” Specifically, they “produced the documentation [they] were required to produce,” “filled out the application,” and “waited for [the circuit clerk] to contact [them] and tell [them] that [their] marriage application for a license had been granted.” Subsequently,
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Ellizzette and decedent “had an interfaith marriage ceremony in Edgar County, Illinois, in Paris, in [her] home” and “a religious celebration in Monticello.” ¶ 46 In reply, Shawn’s counsel asserted that Ellizzette did not refute any of the arguments he previously made with respect to the validity of the marriage. Counsel further stated that, if Ellizzette wanted to prove the validity of her purported marriage to decedent, “all [she] had to do is prove the marriage certificate, and the reason [she] didn’t is because [she] know[s] [she] can’t. [She] didn’t bring the marriage certificate in here. [She] didn’t bring the application. [She] didn’t bring the license in here. You should ask yourself why [she] didn’t do that.” Ellizzette responded that, prior to Shawn’s counsel’s involvement in the case, her attorney produced a marriage license application and a marriage certificate and an individual “came to the Court to represent that she had issued the marriage certificate license in Edgar County.”
¶ 47 L. Trial Court’s Ruling on the Motion for a Directed Finding ¶ 48 The trial court granted Shawn’s motion for a directed finding. The court ruled that to present a prima facie case on the validity of her marriage to decedent, Ellizzette had to present a valid application for a marriage license and evidence of a ceremony performed in Edgar County and witnessed by two individuals. The court found, as a matter of law, that Ellizzette “did not present a prima facie case of a valid marriage ceremony under the circumstances such as would be sufficient to meet her burden of proof on all of the elements.” The court stated that “[i]t would have been simple to present the evidence of a marriage license and certificate and application and have some witness testify about that, but that was not done.” In ruling, the court further stated: “And while it is not as clear as [Shawn’s counsel] presents as to the case law precedents—and in that I’m referring to the arguments that [Ellizzette] had when she was represented by counsel during motion practice on a motion for judgment on the pleadings—it is clear that there was an order finding and adjudicating Decedent as a disabled person and in immediate need of a plenary guardianship and that there was no best-interest hearing held; that the punitive [sic] marriage was not known to the Administrator until November 2017; and that the marriage was not properly witnessed or licensed or subject to a best-interest determination by the probate court.” The trial court made a finding pursuant to Illinois Supreme Court Rule 304(a) (eff. Mar. 8, 2016) that there was no just reason to delay appeal. On December 18, 2019, Ellizzette filed a notice of appeal.
¶ 49 III. ANALYSIS ¶ 50 On appeal, Ellizzette raises five principal issues, which we address as follows. First, she argues that the trial court erred when it appointed Shawn as the administrator of decedent’s estate, because she was not provided with the statutorily required notice. Second, she maintains that the trial court erred in denying her motion for a continuance. Third, she asserts that the trial court erred in denying her motion for judgment on the pleadings. Fourth, she argues that the trial court committed reversible error in barring her from testifying regarding her marriage and heirship. Finally, she contends that the trial court erred in granting Shawn’s motion for a
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¶ 51 A. Notice ¶ 52 As her initial assignment of error, Ellizzette contends that the trial court erred “when it granted Shawn’s petition [for letters of administration] without any notice to [her], declared that [she] is not [decedent’s] heir, and thus necessarily declared their marriage invalid.” Ellizzette has failed to provide an adequate record to address this claim. ¶ 53 As noted above, on December 19, 2017, the trial court entered orders appointing Shawn as the administrator of decedent’s estate and declaring heirship. The order appointing Shawn as the administrator of decedent’s estate states that “due notice has been given to all parties according to law.” On January 17, 2018, Ellizzette filed her motion to vacate the order appointing Shawn as the administrator of the estate and the order of heirship. The arguments in Ellizzette’s motion and her reply to Shawn’s responses thereto are nearly identical to the arguments she now raises on appeal and are grounded on the premise that she was not provided the statutorily required notice. Shawn did not dispute that Ellizzette was not provided notice of his petition for letters of administration, but he argued that notice to Ellizzette was not required because she was not decedent’s heir. The trial court held a hearing on the motion on April 18, 2018, and denied it the same day. ¶ 54 Although not captioned as such, Ellizzette’s argument on appeal is essentially a challenge to the trial court’s denial of her motion to vacate the order appointing Shawn as the administrator of the estate and the order of heirship. However, our ability to review this issue for error is hampered by the lack of either a transcript from the April 18, 2018, hearing on Ellizzette’s motion or an acceptable substitute. See Ill. S. Ct. R. 323 (eff. July 1, 2017) (allowing for a bystander’s report or an agreed statement of facts). As the appellant, Ellizzette has the burden to present this court with a sufficiently complete record on appeal. In re Marriage of Gulla, 234 Ill. 2d 414, 422 (2009); Webster v. Hartman, 195 Ill. 2d 426, 432 (2001). As our supreme court has stated, “[a]n issue relating to a circuit court’s factual findings and basis for its legal conclusions obviously cannot be reviewed absent a report or record of the proceeding.” (Internal quotation marks omitted.) In re Marriage of Gulla, 234 Ill. 2d at 422; see also Corral v. Mervis Industries, Inc., 217 Ill. 2d 144, 156 (2005) (stating that any issue relating to the court’s factual findings and the basis for its legal conclusions cannot be reviewed without a record of that proceeding). Accordingly, absent an adequate record preserving the claimed error, a reviewing court must presume that the circuit court’s action had a sufficient factual basis and that it conformed with the law. In re Marriage of Gulla, 234 Ill. 2d at 422; Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). Accordingly, we presume that the trial court’s ruling on the motion to vacate conformed with the law. ¶ 55 We also observe that, despite the trial court’s decision to deny Ellizzette’s motion to vacate, it entered an order allowing her to file a petition for letters of administration and an affidavit of heirship pursuant to section 9-7 of the Probate Act (755 ILCS 5/9-7 (West 2016)). In fact, Ellizzette filed a petition for letters of administration and an affidavit of heirship, asserting that she is decedent’s surviving spouse and sole heir. The trial court held a hearing on Ellizzette’s pleadings. Thus, Ellizzette was given an opportunity to address her claim that she is decedent’s sole surviving spouse and only heir. Given these circumstances, we fail to see how Ellizzette was prejudiced by any lack of notice.
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¶ 56 B. Continuance ¶ 57 Ellizzette also claims that the trial court erred in denying her motion for a continuance, made on the day of trial. To place Ellizzette’s argument in context, we briefly review the circumstances surrounding the motion. ¶ 58 On April 15, 2019, the trial court entered an order setting the matter for trial on November 18, 2019. On September 12, 2019, Ellizzette’s counsel moved to withdraw. The trial court granted counsel’s motion in an order dated September 18, 2019. The September 18, 2019, order also (1) granted Ellizzette 21 days “to find other counsel and/or file a Substitute Appearance,” (2) provided that the November 18, 2019, trial date would stand, and (3) continued the matter to October 23, 2019, on all pending motions and status of counsel. At the hearing on October 23, 2019, Ellizzette filed an appearance on her own behalf. During that hearing, the matter was continued to November 13, 2019. ¶ 59 At the hearing on November 13, 2019, Ellizzette informed the court that she intended to call several witnesses at the trial on November 18, including her mother, Patrick Rummerfield, Dr. Belegu, Eric Westacott, and Bement. Ellizzette stated that she would not be calling her father “because of his illness.” She also stated that “[t]hree days ago,” i.e., November 10, 2019, her father had been declared “end of life” and that he “could die at any day now per the doctors.” Prior to the conclusion of the hearing on November 13, the following colloquy took place between the trial court and Ellizzette: “THE COURT: Are we ready to go? Are you ready to go then on Monday morning [November 18] at 9:00 with your witnesses? [ELLIZZETTE]: Um, I would—to answer your question right now, no. I’m not ready at this moment, Your Honor. I’m telling you the truth. I’m not ready at this moment because of some of those things. I don’t want to—but I do know that’s the date, and I’m not looking to—again, I’m not looking to, um waste the Court’s time. THE COURT: But you are going to be here on Monday then— [ELLIZZETTE]: Yes, sir. THE COURT: —to proceed? [ELLIZZETTE]: Oh, I will be here if I’m expected to be here, Your Honor.” ¶ 60 At 3:49 a.m. on November 18, 2019, Ellizzette filed a “Motion for Continuance” seeking to continue the trial to December 3, 2019, or later. In the motion, Ellizzette alleged that she had good cause for requesting an extension because (1) her father had been hospitalized in Arizona and declared “ ‘end of life’ Saturday, December 16, 2019 [sic]”; 3 (2) her mother, whom Ellizzette described as a “key witness,” would be unable to attend the trial due to the health status of Ellizzette’s father; (3) her attorneys withdrew from the case due to the “high outstanding balance” of fees that Ellizzette was unable to pay, because she was involved in an automobile accident that resulted in significant out-of-pocket medical expenses; (4) she was unable to obtain the testimony of two “primary witnesses,” Rummerfield and Westacott; and (5) she was unable to “liaise with her Counsel and take up Pro Se representation within the 60- day trial window,” given “the substantial health limitations over the past several months.”