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

5 Illinois opinions name it 1 courts 1959–2025 2 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 (4)

CaseFollowedCited
People v. Craig D.green
illappct · 1999 · cited in 2 Illinois opinions naming this issue, 2007–2007
2 sentences

2007See In re Chilean D., 304 Ill.

2007See In re Chilean D., 304 Ill.

22
Foutch v. O'BRYANTgreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 2025–2025
2 sentences

2025The appellant “has the burden to present a sufficiently complete record of the proceedings at trial to support a claim of error,” and if the appellant fails to provide -3- No. 1-23-1799 such a record, “it will be presumed that the order entered by the trial court was in conformity with law and had a sufficient factual basis.” Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). ¶ 11 Ms. Kelly argues that the lack of a transcript does not foreclose our review of the circuit court’s decision because the “failure to present a report of proceedings does not require dismissal or affirmance where the

2025Foutch, 99 Ill. 2d at 392-93 . -5- No. 1-23-1799 ¶ 14 B.

11
Walker v. Iowa Marine Repair Corp.green
illappct · 1985 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025In Walker v. Iowa Marine Repair Corporation, 132 Ill.

11
Venturini v. Affatatogreen
illappct · 1980 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025The appellant “has the burden to present a sufficiently complete record of the proceedings at trial to support a claim of error,” and if the appellant fails to provide -3- No. 1-23-1799 such a record, “it will be presumed that the order entered by the trial court was in conformity with law and had a sufficient factual basis.” Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984). ¶ 11 Ms. Kelly argues that the lack of a transcript does not foreclose our review of the circuit court’s decision because the “failure to present a report of proceedings does not require dismissal or affirmance where the

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 (5)

CaseCitedYears
Redmond v. Socha green
ill · 2005
1 sentence

2025This court held that a transcript for the hearing on the post-trial motion was unnecessary because “the record on appeal contain[ed] everything that was before the second judge at the time of his order.” Id. at 228 . ¶ 13 Here, the circuit court may have based its decision to deny Ms. Kelly’s motion in part on considerations not apparent in the record on appeal, such as “the appearance of the witnesses, their manner in testifying, and *** the circumstances aiding in the determination of credibility.” (Internal quotation marks omitted.) Redmond, 216 Ill. 2d at 632-33 .

12025–2025
Seymour v. Collins green
ill · 2015
1 sentence

2025“An abuse of discretion occurs only when the trial court’s decision is arbitrary, fanciful, or unreasonable or where no reasonable person would take the view adopted by the trial court.” Seymour v. Collins, 2015 IL 118432, ¶ 41 . ¶ 10 The appellate record does not contain a transcript of the circuit court’s oral ruling denying Ms. Kelly’s motion for a new trial.

12025–2025
Altek, Inc. v. Vulcan Tube & Metals Co. green
illappct · 1979
1 sentence

2025This court held that a transcript for the hearing on the post-trial motion was unnecessary because “the record on appeal contain[ed] everything that was before the second judge at the time of his order.” Id. at 228 . ¶ 13 Here, the circuit court may have based its decision to deny Ms. Kelly’s motion in part on considerations not apparent in the record on appeal, such as “the appearance of the witnesses, their manner in testifying, and *** the circumstances aiding in the determination of credibility.” (Internal quotation marks omitted.) Redmond, 216 Ill. 2d at 632-33 .

12025–2025
Rosestone Investments, LLC v. Garner green
illappct · 2014
1 sentence

2022Garner, 2013 IL App (1st) 123422, ¶ 23 .

12022–2022
Kelly v. Chicago Park District green
ill · 1951
2 sentences

1959We conclude the rule established in Kelly v. Chicago Park Dist., 409 Ill. 91 , applies here, and that the trial court, instead of holding defendants in contempt, should have made a determination of salary due the petitioner for the period he now seeks, against which credit should have been given to the City for petitioner’s earnings from outside employment.

1959We conclude the rule established in Kelly v. Chicago Park Dist., 409 Ill. 91 , applies here, and that the trial court, instead of holding defendants in contempt, should have made a determination of salary due the petitioner for the period he now seeks, against which credit should have been given to the City for petitioner’s earnings from outside employment.

11959–1959

Where else courts name it

TX 179 (1984–2026) CA 178 (1984–2026) GA 19 (1983–2026) OH 15 (2002–2025) NY 13 (1985–2024) PA 10 (1994–2024) MI 9 (1996–2010) AZ 6 (1976–2024) IL 5 (1959–2025) UT 5 (2004–2024) LA 5 (1989–2014) MS 5 (1984–2020) AK 5 (1984–2019) KS 4 (2004–2026) NJ 4 (1997–2020) VA 4 (1990–2000) IN 4 (1992–2014) MD 4 (2018–2026) FL 4 (1992–2009) SC 3 (2001–2022) MO 3 (2001–2023) AL 3 (1952–2002) WA 2 (2012–2024) WY 2 (2007–2018) ID 2 (1998–2022) DE 2 (2019–2022) ND 2 (2002–2002) CO 2 (2024–2024) ME 2 (1992–2001) NV 2 (1997–1997)

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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