Amalgamated Trust Savings v. Conrad Kern Co.

6 Citing cases

  1. Coombs v. Wis. Nat'l Life Insurance

    111 Ill. App. 3d 745 (Ill. App. Ct. 1982)   Cited 18 times

    Rule 323(c) provides that an appellant may prepare a proposed report of proceedings from the best available sources, including recollection, and present it to the trial court for settlement, approval and certification. Rule 323(c), (d) provides that the parties by written stipulation may agree upon a statement of facts and file it in lieu of a verbatim transcript or a court-certified report. 87 Ill.2d R. 323(c), (d); Amalgamated Trust Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App.3d 430, 340 N.E.2d 36. It is the responsibility of appellant to see that the record is complete, to enable the reviewing court to resolve the questions raised ( Cohen v. Washington National Insurance Co. (1971), 2 Ill. App.3d 149, 276 N.E.2d 6) since the record on appeal binds the parties and also controls the reviewing court in its consideration of the appeal. Austin Liquor Mart, Inc. v. Department of Revenue (1972), 51 Ill.2d 1, 280 N.E.2d 437.

  2. Green v. Wilmot Mountain, Inc.

    415 N.E.2d 1076 (Ill. App. Ct. 1980)   Cited 7 times

    • 3 The order is unambiguous on its face and there is nothing in the record to contradict its presumptive validity. (See Amalgamated Trust Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App.3d 430, 434, 340 N.E.2d 36.) To grant defendants' requested relief, therefore, we would have to determine that plaintiff's failure to serve defendants for more than 20 months after the expiration of the applicable statute of limitations was a per se lack of diligence under Rule 103(b).

  3. Illinois Marine Towing v. Black

    393 N.E.2d 707 (Ill. App. Ct. 1979)   Cited 19 times

    This argument was not raised in defendants' second section 72 petition out of which this appeal arises. Furthermore, the record on appeal contains only the pleadings filed in this matter; it does not include a transcript of the original damages hearing or a transcript of either section 72 hearing. It is well established that a party raising an issue on appeal must present an adequate record ( In re Shannon (1977), 45 Ill. App.3d 876, 360 N.E.2d 433; Amalgamated Trust Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App.3d 430, 340 N.E.2d 36), and that a matter may not be raised for the first time on appeal. ( Tobler Trucking Co. v. Industrial Com. (1967), 37 Ill.2d 341, 226 N.E.2d 601; Hayes v. Preferred Risk Mutual Insurance Co. (1978), 66 Ill. App.3d 112, 383 N.E.2d 669; McKinnon v. Yellow Cab Co. (1975), 31 Ill. App.3d 316, 333 N.E.2d 659.) As the defendants have failed to afford this court these transcripts, we are unable to ascertain whether the defendants did raise this argument in the trial court.

  4. Rosenblatt v. Michigan Avenue National Bank

    70 Ill. App. 3d 1039 (Ill. App. Ct. 1979)   Cited 35 times
    In Rosenblatt v. Michigan Avenue National Bank, 70 Ill. App.3d 1039, 27 Ill.Dec. 370, 389 N.E.2d 182 (1979), the appellants contended, as here, that the trial court should not have awarded fees to a discharged receiver for the expenses of collecting fees which were due as a result of the receivership.

    • 1 Appellee's argument that this appeal is fatally defective presents a threshold question. It is true that the record in this case contains no report of proceedings in any of the forms authorized by Supreme Court Rule 323 (Ill. Rev. Stat. 1975, ch. 110A, par. 323), and that failure to provide such a report may constitute grounds for dismissal of an appeal ( Glover v. Glover (1974), 24 Ill. App.3d 73, 320 N.E.2d 513). However, absence of a report of proceedings has always been regarded as merely depriving a reviewing court of a basis for reaching issues whose merits depend on matters thus omitted, such as issues of sufficiency of evidence ( Village of North Aurora v. Aurora Downs, Inc. (1976), 42 Ill. App.3d 534, 356 N.E.2d 193), or relating to conduct of a hearing ( Amalgamated Trust Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App.3d 430, 340 N.E.2d 36). Because the reviewing court must presume the circuit court acted properly in the absence of a contrary indication in the record, affirmance is dictated if the record omits crucial facts. ( Village of North Aurora; Amalgamated Trust Savings Bank.) Accordingly, failure to present a report of proceedings does not per se require dismissal of the present appeal; it merely requires affirmance of those issues which depend for resolution on facts not in the record. See Lesser v. Village of Mundelein (1975), 36 Ill. App.3d 433, 344 N.E.2d 29.

  5. Investors Shelter Corp. v. Chernick

    58 Ill. App. 3d 446 (Ill. App. Ct. 1978)   Cited 11 times

    ( Belcher v. Spillman (1975), 28 Ill. App.3d 973, 975, 329 N.E.2d 550.) And in the absence of a proper record it is presumed sufficient evidence was properly presented to support the trial court's judgment thus requiring its affirmance. Amalgamated Trust Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App.3d 430, 433-34, 340 N.E.2d 36; Aurora Packing Co. v. Bolingbrook Inn Co. (1975), 27 Ill. App.3d 186, 188, 325 N.E.2d 639. • 3 In the present case the record on appeal is not sufficient for this court to ascertain the correctness of the trial court's determination.

  6. Johnson v. Lynch

    38 Ill. App. 3d 48 (Ill. App. Ct. 1976)   Cited 1 times

    We recognize that in the absence of a more complete report and by virtue of the specific wording of its judgment, a presumption in favor of the trial court's ruling arises. Flynn v. Vancil, 41 Ill.2d 236, 242 N.E.2d 237; Amalgamated Trust Savings Bank v. Conrad Kern Co., 34 Ill. App.3d 430, 340 N.E.2d 36. Nonetheless, the record unequivocally demonstrates that the Department moved for an evidentiary hearing to establish the factual basis for its claim.