April 25, 2001
No. 2--00--0925
Petitioner-Appellee, and KIM A. SCHMITT,
Respondent-Appellant. JUSTICE GROMETER delivered the opinion of the court: Sandra L. Schmitt filed a petition for dissolution of marriage from
respondent, Kim A. Schmitt. This interlocutory appeal concerns two separate
orders entered by the circuit court of Kane County with respect to petitioner's
petition. One order directed respondent to pay certain monies to or on behalf of
petitioner and to perform certain acts for petitioner's benefit. The second order
enjoined respondent and others from taking certain actions with respect to
specified and unspecified assets. Respondent argues that the trial court's orders
are void ab initio because the trial court failed to acquire personal jurisdiction
over him. Respondent also contends that the trial court abused its discretion in
entering its orders. We affirm. I. FACTS On February 4, 2000, petitioner filed a petition for dissolution of marriage
from respondent. On May 2, 2000, petitioner filed the following four pleadings:
(1) petition for leave to file an amended petition naming additional respondents
in discovery and for the appointment of a sequestrator to marshal certain assets
owned directly or indirectly by respondent; (2) motion for temporary support; (3)
petition for interim attorney fees and costs; and (4) petition for preliminary
injunction. On May 30, 2000, the trial court granted petitioner leave to file her
amended petition for dissolution of marriage. The court's order also recognized
that respondent had not been served with a summons. The case was continued. On July 13, 2000, petitioner filed a "Motion for Service by Special Order
of the Court." See 735 ILCS 5/2--203.1 (West 1998). In her motion, petitioner
explained that a summons, a first alias summons, and a second alias summons were
returned "not found." Petitioner alleged that respondent "willfully and
intentionally engaged in a course of conduct calculated to evade service of
process" and that respondent's "intentional evasion effort makes it impractical
to serve him under" either subsection 2--203(a)(1) or (a)(2) of the Illinois Civil
Practice Law (735 ILCS 5/2--203(a)(1), (a)(2) (West 1998)). The motion further
alleged that respondent was intentionally evading service of process "so that he
can continue to transfer and dissipate assets before this Court gains control over
the marital estate." The motion identified three individuals upon whom substitute
service could be made: (1) Lois Schmitt, respondent's mother; (2) Catherine
Boness, respondent's alleged paramour and an employee of a corporation owned or
controlled by respondent; and (3) Stephen Sullivan, an attorney who represented
respondent in an unrelated Kane County case. The motion also identified the law
firm of Pancratz, Riffner & Scott, L.P.P. (Pancratz). Pancratz represented
respondent in a dissolution of marriage proceeding that he filed in the circuit
court of Cook County. That proceeding was voluntarily dismissed. Attached to petitioner's motion was the affidavit of William B. Bochte, one
of petitioner's attorneys. Bochte stated that two different private investigation
agencies had been unable to locate respondent. Bochte also averred that the
individuals and the law firm identified in the motion have access to and
communication with respondent on a consistent and regular basis. Attached to Bochte's affidavit was the affidavit of and an investigative
report prepared by Terry Vincent, a registered private detective retained by
petitioner. The investigative report detailed Vincent's efforts to serve
respondent between May 26, 2000, and June 6, 2000. Additionally, in his
affidavit, Vincent averred that between June 15, 2000, and June 26, 2000, he made
11 unsuccessful attempts to serve respondent. On July 13, 2000, the trial court granted petitioner's motion for service
of summons by special order of the court. The court concluded that service upon
respondent was impractical under subsection (a)(1) or (a)(2) of section 2--203 of
the Illinois Civil Practice Law. 735 ILCS 5/2--203(a)(1), (a)(2) (West 1998).
Accordingly, the court ordered service upon respondent by "leaving a copy of
summons and petition with any two of the following five individuals or entities
and thereafter mailing a copy in a sealed envelope with postage fully prepaid
addressed to the [respondent] in care of any two of the individuals or entities
served." The court further ordered that one of the two individuals or entities
served must be an attorney. Although the order purported to list five individuals
or entities upon which service could be made, there were actually only four such
individuals or entities. The order listed Boness at both her home address and her
work address. The other three individuals or entities were Lois Schmitt,
Sullivan, and Pancratz. Copies of the summons and return filed on July 17, 2000, show that the
following three individuals were served: Stephen Sullivan, Catherine Boness, and
Pat Dusek, a secretary with Pancratz. On July 25, 2000, Sullivan filed a special and limited appearance for the
purpose of filing a motion to quash service of summons on respondent. In his
motion, Sullivan stated that he has never represented respondent in an individual
capacity in any legal matter. Sullivan acknowledged that he represented
respondent's business in an annexation matter. However, Sullivan explained that
the annexation matter concluded six months prior to the court's July 13, 2000,
order. Sullivan averred that he "does not have, and has never had, personal
contact with [respondent] so as to afford him opportunity to notify him concerning
the service of summons." The law firm of Riffner & Scott, P.C. (formerly Pancratz), also filed a
verified motion to quash service of process. In its motion, the law firm denied
that it had access to or communications with respondent. The law firm admitted
that it had represented respondent in a proceeding for marriage dissolution filed
in the circuit court of Cook County. However, that case was voluntarily dismissed
on May 9, 2000. At that time, the law firm explained, its attorney-client
relationship with respondent ceased. Further, the law firm stated that it did not
represent respondent in any other matters and it did not know respondent's
whereabouts. The trial court denied both motions to quash service. The cause was
continued to August 1, 2000, for a hearing on the pending motions and the status
of the notification of respondent by the individuals served with process. On August 1, 2000, Lyle Haskins filed a special and limited appearance on
behalf of respondent. Haskins also filed "Objections to Service of Process
Pursuant to Special and Limited Appearance." Haskins alleged that the affidavit
filed in support of petitioner's motion for service by special order of the court
was false, misleading, and perjurious. Haskins further alleged that petitioner's
motion for service by special order was a "fraud on the court designed to
disenfranchise respondent and prevent him from exercising his rights to procedural
and substantive due process." The trial court overruled respondent's objections.
The court subsequently denied Haskins's request for a finding pursuant to Supreme
Court Rule 304(a) (155 Ill. 2d R. 304(a)) that there is no just cause for delaying
an appeal. On August 2, 2000, the court entered two separate orders. The first ruling
was entitled "Order for Preliminary Injunction." This order enjoined and
restrained respondent, his officers, agents, employees, attorneys, and those
persons in active concert or participation with him, from "withdrawing, spending,
disposing of, encumbering, transferring, pledging, secreting, hypothecating,
mortgaging, assigning for collateral purposes or otherwise, or in any way directly
or indirectly alienating" any of the parties' assets "except in the ususal and
ordinary course of business after seventy-two (72) hour written notice to the
[petitioner] and her attorney." The second ruling was simply labeled an "Order." It required respondent "to
pay and keep current the mortgage on the marital residence *** including
principal, interest, taxes and insurance." The order also required respondent "to
pay and keep current all automobile, life, and health insurance covering the
[petitioner] and the vehicle in [petitioner's] use." In addition, the order
directed respondent to pay petitioner (1) $10,000 per month as maintenance; (2)
$5,000 for landscaping expenses and repairs necessary to the marital residence;
and (3) $2,000 to offset travel expenses associated with transporting the parties'
children to college. Further, the court awarded petitioner's law firm interim
attorney fees of $30,000 and costs of $5,000. On August 11, 2000, respondent
filed a notice of interlocutory appeal pursuant to Supreme Court Rule 307(a) (see
Official Reports Advance Sheet No. 16 (August 9, 2000), R. 307(a), eff. July 6,
2000) from the trial court's August 2, 2000, orders. Subsequently, petitioner filed a citation to discover assets based upon
respondent's failure to satisfy the $30,000 judgment for attorney fees entered by
the trial court on August 2, 2000. On November 2, 2000, the trial court entered
an order requiring the trustees of several land trusts to prepare and execute
trustees' deeds transferring the beneficial interest held by respondent to
petitioner's counsel. On November 29, 2000, respondent filed an emergency motion to stay the trial
court's November 2, 2000, order. This court granted respondent's motion on
November 30, 2000. Subsequently, petitioner filed (1) a motion to vacate our
November 30, 2000, order and (2) a motion to dismiss respondent's appeal.
Respondent then filed a response to petitioner's motions. We ordered both motions
and respondent's response thereto taken with the case. We now deny petitioner's
motion to vacate our November 30, 2000, order. We discuss petitioner's motion to
dismiss below. II. ANALYSIS A. Motion to Dismiss In her motion to dismiss respondent's appeal, petitioner argues that
respondent waived any challenge to personal jurisdiction by filing with this court
on November 29, 2000, the emergency motion to stay the trial court's November 2,
2000, orders. Prior to January 1, 2000, section 2--301 of the Illinois Civil Practice Law
(735 ILCS 5/2--301 (West 1998)) provided in pertinent part: "Special Appearance. (a) Prior to filing any other pleading or
motion, a special appearance may be made either in person or by attorney for
the purpose of objecting to the jurisdiction of the court over the person
of the defendant. A special appearance may be made as to an entire
proceeding or as to any cause of action involved therein. Every appearance,
prior to judgment, not in compliance with the foregoing is a general
appearance." 735 ILCS 5/2--301 (West 1998). However, effective January 1, 2000, section 2--301 was amended. Pub. Act 91--145,
§ 10, eff. January 1, 2000 (now 735 ILCS 5/2--301 (West Supp. 1999)). Section 2--301 now provides in pertinent part: "Objections to jurisdiction over the person. (a) Prior to the filing of any other pleading or motion other than a
motion for an extension of time to answer or otherwise appear, a party may
object to the court's jurisdiction over the party's person, either on the
ground that the party is not amenable to process of a court of this State
or on the ground of insufficiency of process or insufficiency of service of
process, by filing a motion to dismiss the entire proceeding or any cause
of action involved in the proceeding or by filing a motion to quash service
of process. Such a motion may be made singly or included with others in a
combined motion, but the parts of a combined motion must be identified in
the manner described in Section 2-619.1. Unless the facts that constitute
the basis for the objection are apparent from papers already on file in the
case, the motion must be supported by an affidavit setting forth those
facts. (a-5) If the objecting party files a responsive pleading or a motion
(other than a motion for an extension of time to answer or otherwise appear)
prior to the filing of a motion in compliance with subsection (a), that
party waives all objections to the court's jurisdiction over the party's
person." 735 ILCS 5/2--301 (West Supp. 1999). Prior to the amendment of section 2--301, it was well established that any
action taken by a litigant that recognized a case as being in court amounted to
a general appearance unless such action was for the sole purpose of objecting to
jurisdiction over the person. Harris v. Wally's World of Fun, Ltd., 279 Ill. App.
3d 61, 64 (1996); In re Estate of Zoglauer, 229 Ill. App. 3d 394, 397 (1992);
Coletti v. Crudele, 169 Ill. App. 3d 1068, 1075 (1988). However, when the legislature amends a statute, it is presumed that it
intended to effect some change in the law as it formerly existed. People v.
Swartwout, 311 Ill. App. 3d 250, 264 (2000). In this case, we interpret the
legislature's changes to section 2--301 to evince its intent to permit a party to
file a motion or other responsive pleading after the party objects to the court's
jurisdiction over the party's person. Moreover, as long as the party files the
motion or other responsive pleading after he or she objects to the court's
jurisdiction over the party's person, the party does not waive its objections to
the court's jurisdiction over the party's person. The amended version of section
2--301 was in effect at the time these proceedings began. Since respondent filed
his emergency motion after he objected to the court's jurisdiction over his
person, we find that respondent has not waived the jurisdictional issue. B. Personal Jurisdiction Respondent argues that the trial court's August 2, 2000, orders must be
vacated as void ab initio because the court never obtained personal jurisdiction
over him. Respondent notes that he was never personally served. Morever, he
asserts that the substitute service ordered by the trial court pursuant to section
2--203.1 of the Civil Practice Law (735 ILCS 5/2--203.1 (West 1998)) was not
effective. Petitioner argues that this interlocutory appeal is an attempt by respondent
to have this court review the trial court's denial of his motion to quash service
by circumventing the trial court's refusal to make a finding pursuant to Supreme
Court Rule 304(a) (155 Ill. 2d R. 304(a)). On the merits, petitioner argues that
the trial court properly obtained personal jurisdiction over respondent through
service secured in compliance with section 2--203.1. If a party is not properly served with summons, the trial court does not
obtain personal jurisdiction over that party. DiNardo v. Lamela, 183 Ill. App.
3d 1098, 1101 (1989). Where a trial court does not have personal jurisdiction
over a party, any order entered against him is void ab initio and subject to
direct or collateral attack at any time. DiNardo, 183 Ill. App. 3d at 1101.
Accordingly, we will address respondent's argument. In Illinois, personal jurisdiction may be obtained by service of process as
provided by statute. Dec v. Manning, 248 Ill. App. 3d 341, 347 (1993).
Subsections 2--203(a)(1) and (a)(2) of the Civil Practice Law (735 ILCS 5/2--203(a)(1), (a)(2) (West 1998)) provide for service of process by leaving a copy
of the summons with the respondent personally or by leaving a copy at the
respondent's usual place of abode with some person of the family or a person
residing there of the age 13 years or older. Apparently unable to serve
respondent by either of these methods, petitioner invoked section 2--203.1 of the
Civil Practice Law (735 ILCS 5/2--203.1 (West 1998)). Section 2--203.1 provides
that, if service by either of the two methods listed above is "impractical," the
petitioner may move, without notice, "that the court enter an order directing a
comparable method of service." 735 ILCS 5/2--203.1 (West 1998). Section 2--203.1
further provides: "The motion shall be accompanied with an affidavit stating the nature and
extent of the investigation made to determine the whereabouts of the
defendant and the reasons why service is impractical under [subsections 2--203(a)(1) and (a)(2) (735 ILCS 5/2--203(a)(1), (a)(2) (West 1998))],
including a specific statement showing that a diligent inquiry as to the
location of the individual defendant was made and reasonable efforts to make
service have been unsuccessful. The court may order service to be made in
any manner consistent with due process." 735 ILCS 5/2--203.1 (West 1998). Our research discloses only one published decision interpreting section 2--203.1. In Mugavero v. Kenzler, 317 Ill. App. 3d 162 (2000), the plaintiffs
instituted a personal injury action against the defendant. A summons, a first
alias summons, and a second alias summons were returned unserved. The record
contained an affidavit from a private detective who testified that the defendant
had moved from the address listed on the second alias summons and that he had left
no forwarding address. Subsequently, the plaintiffs moved orally for a third
alias summons and for permission to serve the defendant via the Secretary of
State. The trial court granted the plaintiffs' motion. The trial court later
entered a default judgment against the defendant. On appeal, this court determined that the trial court lacked personal
jurisdiction over the defendant because he was not properly served. We concluded
that the plaintiffs failed to strictly comply with section 2--203.1. Mugavero,
317 Ill. App. 3d at 166. In Mugavero, the only relevant affidavit in the record
was the affidavit from the private detective. The affidavit, however, did not
accompany the plaintiffs' motion. Further, we noted that the affiant merely
stated that the defendant had moved from the address on the summons and had left
no forwarding address. This statement was insufficient to demonstrate the
"diligent inquiry" required by the statute. Mugavero, 317 Ill. App. 3d at 165. Our review of the record in the instant case reveals that petitioner's
motion did not contain the deficiencies cited by this court in Mugavero.
Petitioner's motion for special service of the court alleged that service by the
methods outlined in subsection 2--203 (a)(1) or (a)(2) was impractical because
respondent was "willfully and intentionally engaged in a course of conduct
calculated to evade service of process" so that he could "continue to transfer and
dissipate assets before [the trial court] gains control over the marital estate."
The motion identified four individuals or entities upon whom substitute service
could be effectuated. In addition, attached to the motion was an affidavit prepared by William F.
Bochte, one of petitioner's attorneys. In his affidavit, Bochte averred that a
summons, a first alias summons, and a second alias summons were returned "not
found." Bochte also stated that two investigators from two different private
detective agencies have been unable to serve respondent. Attached to Bochte's
affidavit was an investigative report from one of the detective agencies, as well
as an affidavit from Terry Vincent, one of the private investigators. The investigative report contained a detailed description of Vincent's
efforts to locate respondent. According to the investigative report, Vincent
first attempted to serve respondent at 4:30 p.m. on May 26, 2000, at his place of
business in Aurora. There was no evidence of activity at the facility, and
repeated knocking yielded no answer. During Memorial Day Weekend 2000 (May 27
through May 29), Vincent conducted surveillance of Boness. He did not observe
respondent at any time that weekend. On June 2 and June 3, 2000, Vincent went to
Boness's residence. He did not observe respondent at the home on either occasion.
On June 5, 2000, Vincent conducted surveillance at respondent's place of business
in Aurora. He did not observe respondent at that location. On June 6, 2000,
Vincent traveled to respondent's place of business in Chicago. Vincent attempted
service at the Chicago location but was informed that respondent was not present.
Vincent then returned to the Aurora business. He was unable to locate respondent. In his affidavit, Vincent testified that his employer was hired to serve
summons, notice, and petitions upon respondent. Vincent further testified that
between June 15 and June 26, 2000, he made approximately 11 attempts to serve
respondent. The attempts at service were made at various locations, including
respondent's Aurora business, respondent's Chicago business, a local bar, and the
Kane County courthouse. All attempts were unsuccessful. Petitioner's motion satisfied the requirements of section 2--203.1.
Petitioner indicated that her attempts to serve respondent with a summons, a first
alias summons, and a second alias summons were unsuccessful. Petitioner then
filed her motion for service by special order of the court. Petitioner explained
why it was impractical to serve respondent under either subsection 2--203(a)(1)
or (a)(2). Petitioner's motion contained two affidavits detailing the nature and
extent of the investigation made to determine respondent's whereabouts. While the
investigative report was not attested to, it was attached to Bochte's affidavit.
Thus, unlike the plaintiffs in Mugavero, petitioner in this case conducted a
"diligent inquiry" into respondent's whereabouts. Nevertheless, respondent contends that the method of service fashioned by
the trial court did not comport with due process. Respondent notes that due
process requires notice and a hearing. In this case, respondent asserts that the
method of service ordered by the trial court was not reasonably calculated to
assure that he would receive the requisite notice. Respondent points out that the
two attorneys who were served no longer represented him or his company at the time
that the trial court issued its order. Respondent also argues that the only
"provable" relationship that he had with Boness was that she worked for his
company. Despite this relationship, respondent maintains, there is no reason why
service of process on Boness would be sufficient to effectuate service on him. As respondent correctly notes, an attorney's authority to act for a client
terminates when the matter for which he has been retained ends. Herbster v. North
American Co. for Life & Health Insurance, 150 Ill. App. 3d 21, 28 (1986). Even
assuming that service was insufficient on the two attorneys because they no longer
represented respondent or his business, respondent presents no valid reason why
service on Boness was not valid. The notice required by due process is that which
is " 'reasonably calculated, under all the circumstances, to apprise interested
parties of the pendency of the action and afford then an opportunity to present
their objections.' " Rosewell v. Chicago Title & Trust Co., 99 Ill. 2d 407, 411
(1984), quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314-15,
94 L. Ed. 865, 873, 70 S. Ct. 652, 657 (1950). In this case, petitioner made
numerous unsuccessful attempts to personally serve respondent. Whether Boness is
respondent's paramour is irrelevant. Respondent admits that Boness worked for his
company. Courts do not favor those who seek to evade service of summons. Edward
Hines Lumber Co. v. Smith, 29 Ill. App. 2d 35, 42 (1961). Consequently, under
these circumstances, service upon an employee was sufficient to convey notice to
respondent. In other words, it is reasonable to believe that an employee would
advise his employer that he had been served on the employer's behalf. Respondent also notes that the trial court's order required petitioner to
mail a copy of the summons and petition to the individuals or entities with whom
a copy of the summons had been served personally. Respondent claims that, while
the record contains the summonses and the documents showing return of service for
these parties, there is nothing in the record verifying that petitioner complied
with the mailing requirement. The trial court's order for service by special order of the court provided
that "[s]ervice may be had upon [respondent] by leaving a copy of the Summons and
Petition with any two of the following five individuals or entities and thereafter
mailing a copy in a sealed envelope with postage fully prepaid addressed to the
[respondent]." However, as petitioner points out, the trial court's order did not
require her to send the copy of the summons and the petition accompanied by a
certificate of mailing. Respondent does not argue that petitioner did not comply
with the court's order as written. He merely attests that there was no proof of
mailing. However, because no such proof was required, we reject respondent's
position. C. Injunctive Orders Having determined that the trial court had personal jurisdiction over
respondent, we now address respondent's claim that the trial court abused its
discretion in entering the August 2, 2000, orders. According to respondent,
petitioner did not meet any of the requirements necessary to establish entitlement
to a preliminary injunction. Petitioner maintains that the requirements for
issuing a preliminary injunction were satisfied. The purpose of a preliminary injunction is to preserve the status quo with
the least injury to the parties concerned. Village of Westmont v. Lenihan, 301
Ill. App. 3d 1050, 1055 (1998). As a reviewing court, we will not overturn the
trial court's determination absent a manifest abuse of discretion. North Pole
Corp. v. Village of East Dundee, 263 Ill. App. 3d 327, 334 (1994). To grant
preliminary relief, the trial court must find that (1) the plaintiff possesses a
certain and clearly ascertainable right that needs protection; (2) the plaintiff
will suffer irreparable harm without the protection of the injunction; (3) there
is no adequate remedy at law; and (4) there is a substantial likelihood that the
plaintiff will succeed on the merits of the case. Lake in the Hills Aviation
Group, Inc. v. Village of Lake in the Hills, 298 Ill. App. 3d 175, 182 (1998).
Allegations consisting of mere opinion, conclusion, or belief are insufficient to
support the issuance of a preliminary injunction. Village of Lake in the Hills
v. Laidlaw Waste Systems, Inc., 143 Ill. App. 3d 285, 291 (1986). Rather, a
complaint for a preliminary injunction must plead facts that clearly establish a
right to injunctive relief. Village of Lake in the Hills, 143 Ill. App. 3d at
291. First, we consider whether petitioner has shown a clearly ascertainable
right in need of protection. In this case, petitioner argues that there are
substantial marital assets, which are solely controlled by respondent. Petitioner
further asserts that respondent has never shared any information with her
concerning the nature and extent of the marital estate. Petitioner has a right
to claim assets from the marital estate as part of her marital property
settlement. See In re Marriage of Grauer, 133 Ill. App. 3d 1019, 1025 (1985).
Thus, petitioner has demonstrated a clearly ascertainable right in need of
protection. Petitioner has also shown that she will suffer irreparable harm without the
protection of the injunction. Petitioner testified in her affidavit that
respondent had already been removing various vintage automobiles and motorcycles
and other personal property from the marital residence to an unknown location.
Respondent also told petitioner that despite the substantial estate, he is in dire
financial straits and without monies or income to provide support for petitioner
or the couple's children. Petitioner also testified that respondent told her that
he would file for bankruptcy, divest himself of all holdings, and quit working. Moreover, there is no adequate remedy at law. Respondent insists that
section 503 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS
5/503 (West Supp. 1999)) is adequate to protect petitioner's interest in the
disposition of property. Respondent reasons that, because petitioner only seeks
to protect a monetary interest that can be calculated with certainty, an
injunction was inappropriate. Respondent, however, does not consider that the
marital estate consists of more than monies. It also contains various trusts and
other properties. Because of the unique nature of real estate, respondent's
argument is without merit. Finally, we point out that, where the motion for preliminary injunction
requests an order preserving the status quo between the parties and protecting
property that would be lost or dissipated, injunctive relief may be granted even
if the movant's ultimate success on the merits is in serious doubt. Grauer, 133
Ill. App. 3d at 1025, citing Hoffman v. Wilkins, 132 Ill. App. 2d 810, 818 (1971).
Implicit in petitioner's motion is a request to preserve the status quo.
Accordingly, this prong is satisfied. We note that respondent claims that the trial court's issuance of a
preliminary injunction was improper in another respect. Relying on section
501(a)(2)(i) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS
5/501(a)(2)(i) (West 1998)), he claims that the trial court was without authority
"to enjoin [his] management and disposition of his business interests and other
assets." Section 502(a)(2)(i) provides in pertinent part: "In all proceedings under this Act, temporary relief shall be as
follows: (a) Either party may move for: * * * (2) a temporary restraining order or preliminary injunction
accompanied by affidavit showing a factual basis for any of the following
relief: (i) restraining any person from transferring, encumbering, concealing
or otherwise disposing of any property except in the usual course of
business or for the necessities of life, and, if so restrained, requiring
him to notify the moving party and his attorney of any proposed
extraordinary expenditures made after the order is issued[.]" 750 ILCS
5/501(a)(2)(i) (West 1998). Despite respondent's contention to the contrary, the statute does not preclude the
court from enjoining business assets. Moreover, the enjoined party may move for
a modification of the injunction if extraordinary expenditures arise. See Grauer,
133 Ill. App. 3d at 1023. In this case, the trial court's order followed the
language of the statute by prohibiting the alienation of "any of the assets of the
parties except in the usual and ordinary course of business after seventy-two (72)
hour written notice to the Petitioner and her attorney." Accordingly, we
conclude that the trial court did not commit a manifest abuse of discretion in
granting petitioner's motion for preliminary injunction.III. CONCLUSION For the aforementioned reasons, we affirm the judgment of the circuit court
of Kane County. Affirmed. RAPP and CALLUM, JJ., concur.
In re MARRIAGE OF SANDRA L. SCHMITT,
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)Appeal from the Circuit Court of
Kane County.
No. 00--DK--0168
Honorable
Patricia Piper Golden,
Judge, Presiding.