A protracted legal battle over a condominium foreclosure has culminated in an appellate court dismissing the appeal due to insufficient records, leaving the defendant's claims unaddressed. On August 7, 2024, Justice D.B. Walker of the Appellate Court of Illinois' First District issued the dismissal after determining that defendant Mario Morris failed to provide adequate documentation to establish the court’s jurisdiction.
The case began on October 3, 2022, when Forest Glen Condo Association filed a lien foreclosure complaint against Mario Morris and other unknown owners and non-record claimants. The complaint stated that as of February 24, 2022, Morris owed $25,203.46 in unpaid assessments and fees. After personal service was completed on October 23, 2022, the court entered a default judgment against Morris on January 18, 2023, for $34,907.08. This judgment included a foreclosure order with a redemption period expiring on May 23, 2023.
Morris made several attempts to halt or reverse the foreclosure process. On May 23, he filed an emergency motion to stay the sale of his unit but was denied due to lack of evidence of an emergency. The following day saw the judicial sale of his unit to a third-party buyer. Subsequently, Forest Glen Condo Association sought an order confirming the sale and an eviction order on May 25.
On June 2, Morris filed another motion alleging improper notice to his trust and questioning Forest Glen's standing based on outdated trustee information from South Holland Trust and Savings Bank—a bank that had been closed for two decades. Despite these arguments and additional filings in July contesting Forest Glen's authority and seeking discovery related to ownership claims via South Holland Trust and Savings Bank, the trial court proceeded with its orders.
Morris continued his legal fight by filing motions on September 8 and September 14 in an attempt to vacate judgments based on alleged jurisdictional errors tied to improper notification of his trust. Both motions were denied by the trial court citing lack of jurisdiction.
In his appeal brief submitted without citations or substantial legal argumentation as required by Illinois Supreme Court Rule 341(h), Morris contended that proper notice was not given to his trust and accused Forest Glen Condo Association of fraudulent misrepresentation regarding trustee information. He also argued that arbitration should have been offered under their condominium declaration agreement before any legal action could proceed.
However, Justice Walker noted that without key documents such as an order from August 11—the date referenced in Morris' notice of appeal—the appellate court could not verify its jurisdiction over the case. As per Illinois law (Foutch v. O’Bryant), it is incumbent upon appellants to provide a complete record sufficient for review; failing which any ambiguities are resolved against them.
As such, this procedural shortfall led Justice Walker along with concurring Justices Reyes and Lampkin to dismiss Morris' appeal without addressing its substantive merits.
Judge William Sullivan presided over initial proceedings at Cook County Circuit Court under Case ID No. 22 CH 9805.