Coombs v. Wis. Nat'l Life Insurance

18 Citing cases

  1. Lakeland Prop. Owners Ass'n v. Larson

    121 Ill. App. 3d 805 (Ill. App. Ct. 1984)   Cited 51 times
    Holding an amended covenant invalid because it provided authority for an assessment of fees upon individual owners by an association which was given no such authority in the original covenant

    β€’ 1 Before considering the merits of the Association's argument on appeal, defendant's request that this court affirm the trial court's judgment because the Association failed to submit to this court a report of proceedings or its substitutes as provided in Supreme Court Rule 323 (87 Ill.2d R. 323) must be addressed. He correctly states that an appellant has the duty to present a complete record on appeal so that the reviewing court will be fully informed regarding the issues in the case ( Coombs v. Wisconsin National Life Insurance Co. (1982), 111 Ill. App.3d 745, 746; Teitelbaum v. Reliable Welding Co. (1982), 106 Ill. App.3d 651, 661; Saint Joseph Hospital v. Downs (1978), 63 Ill. App.3d 742, 744), and that absent an adequate record on appeal, it will be presumed that the trial court's judgment conforms to the law and has a sufficient factual basis. ( In re Estate of Rice (1982), 108 Ill. App.3d 751, 762; Chicago City Bank Trust Co. v. Wilson (1980), 86 Ill. App.3d 452, 454.)

  2. Lowry v. Zittel (In re Estate of Lowry)

    2020 IL App (2d) 190548 (Ill. App. Ct. 2020)

    However, he failed to provide a report of proceedings or an appropriate substitute, such as a bystander's report. See Coombs v. Wisconsin National Life Insurance Co., 111 Ill. App. 3d 745, 746 ("assertions in an appellate brief cannot serve as a substitute for a proper record"). "[M]atters not properly in the record will not be considered on review."

  3. Musburger v. Meier

    394 Ill. App. 3d 781 (Ill. App. Ct. 2009)   Cited 57 times
    Finding a simple misnomer where the plaintiff, whose legal name was "Todd W. Musburger, Ltd.," identified itself as "The Law Offices of Todd W. Musburger, Ltd."

    However, as noted, defendant does not cite to and our review of the record does not reveal a section 2-619 motion to dismiss count II of plaintiff's complaint. It is the responsibility of the appellant to see that the record is complete, to enable a reviewing court to resolve the questions raised since the record on appeal binds the parties and also controls the reviewing court in its consideration of the appeal. Coombs v. Wisconsin National Life Insurance Co., 111 Ill. App. 3d 745, 746 (1982). In the absence of a complete record "the reviewing court must presume the [trial] court acted properly in the absence of a contrary indication in the record."

  4. Wood v. Samsung SDI Co.

    2024 Ill. App. 4th 230994 (Ill. App. Ct. 2024)   Cited 2 times

    ΒΆ 15 We note at the outset that the trial court's hearing on Samsung's motion was not transcribed, nor has Samsung supplied a bystander's report or an agreed statement of facts. See Ill. S.Ct. R. 323 (eff. July 1, 2017) (providing for the preparation of a verbatim transcript or these alternatives when a verbatim transcript cannot be obtained); Vance v. Joyner, 2019 IL App (4th) 190136, ΒΆ 82 ("[A] party's factual 'assertions in an appellate brief cannot serve as a substitute for a proper record.'" (quoting Coombs v. Wisconsin National Life Insurance Co., 111 Ill.App.3d 745, 746 (1982))). An appellant who fails to satisfy its" 'burden to present a sufficiently complete record of the proceedings *** to support a claim of error'" runs the risk that this court will resolve the unsupported claim of error against it or presume that no error occurred.

  5. Bridges v. City of Chicago

    2023 Ill. App. 220270 (Ill. App. Ct. 2023)

    Coombs v. Wisconsin National Life Insurance Co., 111 Ill.App.3d 745, 746 (1982). Thus, while plaintiff's brief sheds some light as to the trial court's reasoning in granting the City's motion in limine, we cannot rely on the assertions in the brief absent a proper record on appeal.

  6. Davidson v. Flach

    2022 Ill. App. 210512 (Ill. App. Ct. 2022)

    But "assertions in an appellate brief cannot serve as a substitute for a proper record." Coombs v. Wisconsin National Life Insurance Co., 111 Ill.App.3d 745, 746 (1982). Thus, while plaintiffs' posttrial motion and their appellants' brief do shed some light into the trial court's decision to grant defendants' motion in limine No. 6, we cannot rely on their assertions therein absent a proper record on appeal.

  7. In re Marriage of Walker

    2021 IL App (1st) 192491 (Ill. App. Ct. 2021)

    Furthermore, we will not consider any assertions or allegations contained in Bryce's brief that are not found in the record on appeal. See Coombs v. Wisconsin National Life Insurance Co., 111 Ill. App. 3d 745, 746 ("[A]ssertions in an appellate brief cannot serve as a substitute for a proper record."). We now turn to the merits of Bryce's appeal.

  8. Davis v. Fields

    2019 Ill. App. 4th 190362 (Ill. App. Ct. 2019)

    substitute for a proper record." Coombs v. Wisconsin National Life Insurance Co., 111 Ill. App. 3d 745, 746, 444 N.E.2d 643, 644 (1982). "Any doubts which may arise from the incompleteness of the record will be resolved against the appellant.

  9. Vance v. Joyner

    2019 Ill. App. 4th 190136 (Ill. App. Ct. 2019)   Cited 31 times

    Further, a party's factual "assertions in an appellate brief cannot serve as a substitute for a proper record." Coombs v. Wisconsin National Life Insurance Co. , 111 Ill. App. 3d 745, 746, 67 Ill.Dec. 407, 444 N.E.2d 643, 644 (1982). "Any doubts which may arise from the incompleteness of the record will be resolved against the appellant."

  10. Nationwide Agribusiness Ins. Co. v. Gen. Cas. Co. of Ill.

    2016 Ill. App. 151480 (Ill. App. Ct. 2016)

    Nationwide repeatedly asserts that General Casualty has abandoned and failed to defend Justin in its brief, but it does not cite to the record to support any of these claims. See Coombs v. Wisconsin National Life Insurance Co., 111 Ill. App. 3d 745, 746 (1982) ("[A]ssertions in an appellate brief cannot serve as a substitute for a proper record.") Although the record contains the complaint from Anton's lawsuit, there is no other documentation from which this court may determine that General Casualty failed to render an appropriate defense. ΒΆ 48 The record does reveal that four months after receiving notice of Anton's lawsuit, General Casualty sent a letter to Justin offering to provide him a defense subject to a reservation of rights regarding the family member exclusion. Despite Nationwide's assertions to the contrary, there is no indication within the letter that this offer was conditioned on contribution from Nationwide. There is no indication in the record that Justin accepted that offer or that any action was necessary in Justin's defense prior to the trial court 's finding that General Casualty's liability policy was not implicated in the accident.