Disciplined Investment Advisors, Inc. v. Schweihs

In Disciplined Investment Advisors, Inc. v. Schweihs, 272 Ill. App. 3d 681, 691, 650 N.E.2d 578, 585, 208 Ill. Dec. 884 (1995), the defendant was sued for an alleged breach of fiduciary duty in connection with his employment at a corporation. Schweihs, 272 Ill. App. 3d at 682, 650 N.E.2d at 578. Subsequently, the defendant countersued the directors of the corporation, during a time when the defendant was also seeking a divorce from his wife. Schweihs, 272 Ill. App. 3d at 682, 650 N.E.2d at 578. The domestic relations court found that the defendant's interest in the countersuit was considered a marital asset and ordered the defendant to accept a settlement offer presented by the corporation and to distribute the proceeds of the settlement as marital assets. Schweihs, 272 Ill. App. 3d at 682, 650 N.E.2d at 578. The circuit court stayed the corporate lawsuit pending appeal of the divorce judgment. Schweihs, 272 Ill. App. 3d at 682, 650 N.E.2d at 578. The appellate court held that jurisdiction was proper pursuant to Rule 307(a)(1) because "a motion requesting a court to stay its own proceedings pending resolution of a related case is in effect a request for an injunction, and a decision either granting or denying such a motion is immediately appealable under Rule 307(a)(1)." Schweihs, 272 Ill. App. 3d at 691, 650 N.E.2d at 585.