The appellate court dismissed the husband’s appeal. He challenged the entry of a post-judgment order. The order removed his name as the custodian of the children’s bank accounts.
The husband filed his appeal pro se. He was serving 60 months in a federal prison for committing Medicare fraud. He did this while he was employed as a doctor.
The parties had divorced. The trial court ruled that a separate order would be entered. It would direct BMO Harris to tender the funds held in the children’s college savings account in accordance with the terms of the divorce decree.
The wife filed a motion asking the court to name her brother as the custodian of the children’s accounts. The court agreed to this.
Husband had filed a motion to reconsider. The court denied this.
The husband then filed his pro se notice of appeal via mail. It was filed stamped beyond 30 days after the entry of the order denying his motion to reconsider. Probably it was not received by the clerk on time because of the mailing.
The required certificate of service was not notarized as required by Supreme Court Rule 12(b)(3). It would state when he mailed the notice. This failure doomed the timely filing of the notice of appeal. Therefore, the appeal was dismissed.
In re Marriage of Sheth, 2015 IL App (1st) 132611
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