In re Marriage of Newton

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-0683, 1-09-0684 1-09-0685 cons.,

Case Date: 06/30/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

In re Marriage of Newton, 2011 IL App (1st) 090683

Appellate Court Caption

In re THE MARRIAGE OF DAVID NEWTON, Petitioner-Appellee, and HADLEY NEWTON, Respondent (David J. Grund, Marvin J. Leavitt, and Grund & Leavitt, P.C., Contemnors-Appellants).

District & No.

First District, Fourth Division Docket Nos. 1-09-0683, 1-09-0684, 1-09-0685 cons. June 30, 2011 In a marriage dissolution action where contemnor attorneys were disqualified from representing respondent pursuant to Rule 1.9 of the Illinois Rules of Professional Conduct based on their prior representation of petitioner and their retainer agreement was unenforceable under section 508(c)(3) of the Illinois Marriage and Dissolution of Marriage Act, the trial court did not err in denying the attorneys any attorney fees and the finding of contempt was upheld on the ground that they had no good-faith basis to test the trial court's order.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Cook County, No. 06-D-5136; the Hon. Edward R. Jordan, Judge, presiding.

Judgment

Affirmed.

Counsel on Appeal

Marvin J. Leavitt and David C. Adams, both of Grund & Leavitt, P.C., of Chicago, for appellants. Michael J. Berger, Leon I. Finkel, and Rebecca S. Berlin, all of Berger Schatz, of Chicago, for appellee.

Panel

JUSTICE PUCINSKI delivered the judgment of the court, with opinion. Justices Salone and Sterba concurred in the judgment and opinion.

OPINION

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