The Court was asked to change the custodian of bank accounts. The accounts belonged to Husband’s children. Husband had been the custodian. But, physician Husband was now in federal prison jail for 5 years for Medicare and healthcare fraud. He owed $13 million in restitution.

The order was entered while Husband was in prison.   Husband argued that he should have been granted a continuance.  He had been searching for an attorney.  But, the trial court did not grant his request for a continuance.  There is no guaranteed right to a continuance.

He planned to appeal. He claimed that he had not gotten notice about changing the custodian. He did not want this custodian.

He had sent in his appeal to be filed. But, his signature had not been notarized.  Appellate Court Rule 12(b)(3) requires certification of the attorney.  Or affidavit of a non-attorney. It had neither of these.

In order to be treated as an affidavit by Husband, it had to be notarized.  The appellate court said that it did not have jurisdiction.  It could not consider Husband’s appeal.

In re Marriage of Sheth, 2014 IL App (1st) 132611

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