Marriage of Gutman v. Gutman

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

OPINION

This case concerns whether the trial court’s order terminating maintenance to Mary Gutman was final and appealable without a finding under Supreme Court Rule 304(a) (210 Ill. 2d R. 304(a)) when Mary’s civil contempt petition against Daniel Gutman was still pending.

The appellate court held that, although a civil contempt petition is part of the underlying action, it does not, for purposes of Rule 304(a), raise a “claim for relief’ in that action. Thus, according to…