Sears v. Sears

In Sears v. Sears, 85 Ill. 2d 253, 422 N.E.2d 610, 52 Ill. Dec. 608 (1981), the supreme court found untimely a husband's notice of appeal from the denial of his successive postjudgment motion challenging the distribution of marital assets because the motion was filed more than 30 days after the judgment and the successive motion did not toll the filing period. Sears, 85 Ill. 2d at 259, 422 N.E.2d at 612. The husband, nevertheless, argued that his notice appeal was timely because his wife actively participated in the hearing on the second motion and thus revested the circuit court with jurisdiction at that time. Sears, 85 Ill. 2d at 260, 422 N.E.2d at 613. The court found the revestment doctrine inapplicable, stating: "The hearing on Gerald's the husband's motion did not concern the merits of the judgment; the participants did not ignore the judgment and start to retry the case, thereby implying by their conduct their consent to having the judgment set aside. On the contrary, the hearing was about whether the judgment should be set aside; and Conde the wife insisted it should not. Nothing in the proceeding was inconsistent with the judgment. Nothing in Conde's conduct voluntarily waived her judgment or estopped her to assert it. The old judgment was never touched, and no new one was entered. The hearing on Gerald's last motion did not render the order denying that motion appealable." Sears, 85 Ill. 2d at 260, 422 N.E.2d at 613.