In Re Marriage of Garlinski

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The death of a spouse following entry of an order of dissolution but prior to a determination of property rights provides the background for the issues here raised. The trial court first determined that the judgment of dissolution was not a final and appealable order, thus that the marriage had not been dissolved prior to the death of Richard Garlinski, the husband; and that the death abated the cause of action with respect to the property issues. However, following a motion to vacate on the part of the executor the trial…