John motion (Illinois) · Go Syfert
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John motion in Illinois

25 Illinois opinions name it 2 courts 1927–2026 7 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
In Re Marriage of Schneidergreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2024–2024
2 sentences

2024Finally, the trial court does mention the Lambertucci Roma and Grow Nevada loans from Michael Lach, but fails to account for interest, which John claims is approximately $330,000. ¶ 119 “In order to divide the marital property in just proportions, the circuit court first must establish the value of the assets.” In re Marriage of Schneider, 214 Ill. 2d 152, 171 (2005).

2024Finally, the trial court does mention the Lambertucci Roma and Grow Nevada loans from Michael Lach, but fails to account for interest, which John claims is approximately $330,000. ¶ 118 “In order to divide the marital property in just proportions, the circuit court first must establish the value of the assets.” In re Marriage of Schneider, 214 Ill. 2d 152, 171 (2005).

22
In Re Marriage of Minixgreen
illappct · 2003 · cited in 2 Illinois opinions naming this issue, 2015–2016
2 sentences

2016In re Marriage of Minix, 344 Ill.

2015In re Marriage of Minix, 344 Ill.

22
Harris Trust & Savings Bank v. Phillipsgreen
illappct · 1987 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006In short, a reasonable innocent construction was always the mandate of John v. Tribune Co . and was applied in the numerous defamation cases which are John's progeny'" (emphases in original)), quoting Harris Trust & Savings Bank v. Phillips, 154 Ill.App.3d 574, 581 , 107 Ill.Dec. 315 , 506 N.E.2d 1370 (1987).

2006In short, a reasonable innocent construction was always the mandate of John v. Tribune Co. and was applied in the numerous defamation cases which are John’s progeny’ ” (emphases in original)), quoting Harris Trust & Savings Bank v. Phillips, 154 Ill.

12
Lee v. Chicago Transit Authoritygreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026App. 3d 855, 864 (2009) (“Whether evidence should be admitted on a conceded fact is subject to the trial judge’s discretion.”) (citing Lee v. Chicago Transit Authority, 152 Ill. 2d 432, 462-63 (1992)). ¶ 27 Next, we address the circuit court’s order granting John’s motion to dismiss Michelle’s counter-petition, finding that it lacked subject matter jurisdiction over the case because the parties failed to satisfy the residency requirements of section 401(a) of the Act. ¶ 28 As set forth above, section 401(a) provides in relevant part that “[t]he court shall enter a judgment of dissolution of ma

11
In Re Marriage of Sutherlandgreen
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024She filed her motion under section 2-615(a) of the Code (735 ILCS 5/2-615(a) (West 2020)), which provides that “[a]ll objections to pleadings shall be raised by motion.” (Emphasis added.) As we have explained, “[a] pleading *** consists of a party’s formal allegations of his claims or defenses.” In re Marriage of Sutherland, 251 Ill.

2024Accord id. (section 2-1203 motion to reconsider dismissal of petition for increase of child support was a motion).

11
In Re Marriage of Wolffgreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024We have held that, for purposes of a motion to reconsider, “newly discovered evidence” means “evidence [that] was in existence at the time of trial or pertains to facts in existence at the time of trial.” (Emphasis in original.) In re Marriage of Wolff, 355 Ill.

11
In Re CWgreen
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Evidence of completed services or refraining from objectionable conduct “is appropriately considered at the second stage of the termination hearing, at which the court considers whether it is in the best interest of the minor that parental rights be terminated.” In re C.W., 199 Ill. 2d 198, 217 (2002). ¶ 67 Here, while evidence was submitted revealing that John nearly completed his services, there was also evidence submitted revealing that John’s current behavior was “concerning” to the trial court.

11
North Community Bank v. 17011 South Park Ave, LLCgreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See North Community Bank v. 17011 South Park Ave., LLC, 2015 IL App (1st) 133672, ¶ 14 (even though the defendant’s brief failed to comply with Rule 341, the court considered the merits of the appeal). ¶ 33 In Great American’s petition for judgment, it argued that John failed to properly account for $10,782 in social security receipts owed to Bridgeway for Maria’s care.

11
Beacham v. Walkergreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019Beacham v. Walker, 231 Ill. 2d 51, 61 (2008).

11
Foutch v. O'BRYANTgreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 2019–2019
2 sentences

2019He attempts to relitigate the facts without -11- Nos. 1-18-1947 & 1-19-0178 (cons.) proper citations to the record (non-existent record references, as Kathleen notes in her brief), and asks this court to rule differently. ¶ 52 Because the record does not include a transcript of the hearing on John’s motion to reconsider, the rule in Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984), applies.

2019Under Foutch, where the record is incomplete, we presume that the order entered by the trial court was “in conformity with law and had a sufficient factual basis” and must resolve against the appellant “[a]ny doubts which may arise from the incompleteness of the record.” Id. at 392 .

11
Taylor, Bean, & Whitaker Mortgage Corp. v. Cocroftgreen
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018See Taylor, Bean, & Whitaker Mortgage Corp. v. Cocroft , 2018 IL App (1st) 170969 , ¶ 46 ("The trial court has broad discretion in deciding a motion to amend pleadings prior to the entry of final judgment.").

11
Hartzog v. Martinezgreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018See Hartzog v. Martinez , 372 Ill.

11
Aussieker v. City of Bloomingtongreen
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013See Aussieker, 355 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (21)

CaseCitedYears
Chapski v. Copley Press green
ill · 1982
2 sentences

2000The court noted that the principle criticism of the John rule "seems to be that *** courts generally strain to find unnatural but possibly innocent meanings of words where such a construction is clearly unreasonable and a defamatory meaning is far more probable." Chapski , 92 Ill. 2d at 350 - 51.

2000The court noted that the principle criticism of the John rule "seems to be that *** courts generally strain to find unnatural but possibly innocent meanings of words where such a construction is clearly unreasonable and a defamatory meaning is far more probable." Chapski , 92 Ill. 2d at 350 - 51.

31983–2000
Moline National Bank v. Flemming green
illappct · 1980
2 sentences

2010In support of their contention, Deborah and John claim that the appellate court has previously addressed this issue in Moline National Bank v. Flemming, 91 Ill.

2010In support of their contention, Deborah and John claim that the appellate court has previously addressed this issue in Moline National Bank v. Flemming, 91 Ill.

22010–2010
Morrison v. Wagner green
ill · 2000
1 sentence

2026Morrison, 191 Ill. 2d at 165 . ¶ 45 On appeal, Michelle does not make any argument directed at the portion of the circuit court’s order granting John’s motion to voluntarily dismiss his petition.

12026–2026
Eychaner v. Gross green
ill · 2002
1 sentence

2026Section 2-1009(a) states in relevant part: “The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party’s attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.” Id.

12026–2026
In Re Marriage of Bates green
ill · 2004
1 sentence

2024I disagree with the draft’s application of criminal cases to analyze John’s claim regarding the lack of cross-examination. ¶ 76 The case cited by John to support this theory of due process is In re Marriage of Bates, 212 Ill. 2d 489 (2004), which was a custody case and thus distinguishable from the case at bar.

12024–2024
Teton, Tack & Feed, LLC v. Jimenez green
illappct · 2016
1 sentence

2022Teton, Tack & Feed, LLC v. Jimenez, 2016 IL App (1st) 150584, ¶ 19 . ¶ 28 Here, John’s brief does not comply with Rule 341(h).

12022–2022
In re Marriage of Farrell green
illappct · 2018
1 sentence

2020In re Marriage of Farrell & Howe, 2017 IL App (1st) 170611, ¶ 21 .

12020–2020
People v. Vari green
illappct · 2016
1 sentence

2020Flores, 91 Ill. 2d at 114 ; People v. Vari, 2016 IL App (3d) 140278, ¶ 10 . 8 ¶ 29 In this case, the trial court’s written order indicated that David’s petition to establish existence of father-child relationship and for genetic testing was dismissed “without prejudice,” but it also indicated that John’s motion to dismiss the petition was granted.

12020–2020
Flores v. Dugan green
ill · 1982
2 sentences

2020Flores, 91 Ill. 2d at 114 ; People v. Vari, 2016 IL App (3d) 140278, ¶ 10 . 8 ¶ 29 In this case, the trial court’s written order indicated that David’s petition to establish existence of father-child relationship and for genetic testing was dismissed “without prejudice,” but it also indicated that John’s motion to dismiss the petition was granted.

2020In dismissing David’s petition as being barred pursuant to section 2-619 of the Code, the trial court “ascertain[ed] and fix[ed] absolutely and finally the rights of the parties.” See Flores, 91 Ill. 2d at 112 .

12020–2020
FOREST PRESERVE DIST. v. First Nat. Bank green
ill · 2011
1 sentence

2018Id. § 503(j).

12018–2018
In re Marriage of Romano green
illappct · 2012
1 sentence

2018The wife's expert in Romano testified similarly. *365 Romano , 2012 IL App (2d) 091339 , ¶ 109, 360 Ill.Dec. 36 , 968 N.E.2d 115 .

12018–2018
In Re Marriage of King green
illappct · 2002
1 sentence

2018Ellen argues that we lack jurisdiction over an appeal from this order, and we agree. ¶ 22 This court has jurisdiction over appeals from all final judgments entered in the circuit court, as well as those "prior nonfinal rulings and final but nonappealable orders that produced the judgment." In re Marriage of King , 336 Ill.

12018–2018
In Re Marriage of Romano green
illappct · 2012
2 sentences

2018The wife's expert in Romano testified similarly. *365 Romano , 2012 IL App (2d) 091339 , ¶ 109, 360 Ill.Dec. 36 , 968 N.E.2d 115 .

2018The wife's expert in Romano testified similarly. *365 Romano , 2012 IL App (2d) 091339 , ¶ 109, 360 Ill.Dec. 36 , 968 N.E.2d 115 .

12018–2018
Turner v. Williams green
illappct · 2001
2 sentences

2018App. 3d 541 , 546, 260 Ill.Dec. 804 , 762 N.E.2d 70 (2001). ¶ 25 Here, the court did not abuse its discretion in denying John's motion on the basis that Ellen and the defendants would face prejudice if the motion was granted.

2018App. 3d 541 , 546, 260 Ill.Dec. 804 , 762 N.E.2d 70 (2001). ¶ 25 Here, the court did not abuse its discretion in denying John's motion on the basis that Ellen and the defendants would face prejudice if the motion was granted.

12018–2018
Rodisch v. Commacho-Esparza green
illappct · 1999
2 sentences

2013The trial court must grant a party’s motion for substitution of judge as of right if the motion “is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case.” 735 ILCS 5/2-1001(a)(2)(ii) (West 2008); Rodisch v. Commacho-Esparza, 309 Ill.

2013The trial court must grant a party’s motion for substitution of judge as of right if the motion “is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case.” 735 ILCS 5/2-1001(a)(2)(ii) (West 2008); Rodisch v. Commacho-Esparza, 309 Ill.

12013–2013
Sahoury v. Moses green
illappct · 1999
1 sentence

2013Id., 776 N.E.2d at 260 . -5- ¶ 28 In denying John’s motion for substitution of judge, the trial court acknowledged that it had not yet made a substantial ruling in the case.

12013–2013
Illinois Licensed Beverage Ass'n v. Advanta Leasing Services green
illappct · 2002
1 sentence

2013Id., 776 N.E.2d at 260 . -5- ¶ 28 In denying John’s motion for substitution of judge, the trial court acknowledged that it had not yet made a substantial ruling in the case.

12013–2013
In Re Marriage of Chalkley green
illappct · 1981
11988–1988
Richardson v. Dunbar green
illappct · 1981
11987–1987
Dickeschied v. Exchange Bank green
wva · 1886
11927–1927
Morgan v. Smith neutral
· 1849
11927–1927

Statutes the citing opinions construe

IL § 750 ILCS 5/101 (5) IL § 735 ILCS 5/2-615 (4) IL § 750 ILCS 5/503 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 25 (1927–2026) CA 18 (1987–2026) TX 15 (1995–2021) OH 7 (2004–2018) MA 6 (1989–2020) NY 6 (2009–2024) MS 5 (1994–2024) IN 4 (1989–2005) MT 4 (1984–2022) KY 4 (2012–2016) WI 3 (1993–2024) WY 2 (2006–2026) NE 2 (2008–2020) AK 2 (2022–2026) MO 2 (1976–2009) UT 2 (2021–2025) FL 2 (1990–1990) WA 2 (2017–2020) NJ 2 (2018–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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