In a divorce proceeding, wife filed an emergency motion for injunctive relief. She alleged that husband secretly amended his revocable trust to remove her as successor trustee and beneficiary. A few months before he filed a divorce petition.

Wife alleged that this trust had been part of the parties’ agreed estate plan and contained substantial marital property. She also alleged that,
after husband amended his revocable trust, he moved almost all of the estate’s substantial liquid assets, which was marital property, into that trust.

Husband argued at the emergency hearing that that no basis existed upon which to characterize this matter as an emergency. He testified that the $60 million was not moved out of the marital estate but rather remained in the same revocable trust that it had been held in for years as part of the joint estate planning the parties had done years ago. His counsel stated that the money was kept in husband’s name in his revocable trust in response to wife’s prior actions of filing for divorce, draining all the accounts, and leaving the state.

After the short hearing, the court determined that the matter did not constitute an emergency. Wife filed for an interlocutory appeal. Her interlocutory appeal was denied for lack of jurisdiction in the Appellate Court.

Under Rule 307, a party may appeal an interlocutory order as long as the appeal is perfected within 30 days from the entry of an interlocutory order. Wife’s 5/30/18 motion to reconsider the 5/1/18 interlocutory order did not toll the time for filing her appeal.

Rule 304(b)(1) does not apply to the nonfinal 5/1/18 order. This rule has a narrow application and limited reach.

In re Marriage of Salviola, 2020 IL App (1st) 182185 (June 30, 2020) Cook Co., 4th Div.  Appeal dismissed.

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