Dismissal of Complaint Affirmed Because of A Failure to Obtain Transcript

In civil courts of Cook County, the litigants are responsible for hiring a court reporter to transcribe hearings on dispositive motions. In Stogis v. Miller 2024 IL App (1st) 230379, Stogis sued for legal malpractice alleging that the lawyers her mother breached the duty of care in failing to amend her mother’s living trust. According to plaintiff the legal error caused her to be removed as the trustee of the living trust after her mother died. The Defendants argued that the two-year statute of limitation and six-year statute of repose barred the claim. The trial court held a hearing and dismissed the complaint but the transcript was not included in the record. The dismissal of the complaint was affirmed.

¶ 16 Since the record on appeal does not contain a properly bound and certified transcript of the hearing on defendants’ motion to dismiss, we cannot determine whether the trial court erred in granting defendants’ motion. We are therefore compelled to affirm the judgment of the trial court. See Foutch, 99 Ill. 2d at 392. Consequently, we must reject plaintiff’s contention of error.

If you appeal, it is your job to provide the court with a complete record on appeal. Should you have a question about an appeal, do not hesitate to contact us.

http://www.clintonlaw.net

City Hall

Leave a comment