5120 South LLC v. Hobbs
Key Takeaways
- 1 Appeal of eviction possession award dismissed as moot once execution completed; monetary judgment remains reviewable.
- 2 Incomplete appellate record requires presumption trial court order was lawful; appellant bears burden of complete record.
Summary
Steven and Scye Hobbs appealed pro se from a Cook County Circuit Court eviction order and monetary judgment entered against Steven following an ex parte bench trial on May 19, 2025. The trial court awarded 5120 South LLC possession of an apartment and entered a $21,843 judgment against Steven for rent and court costs. Defendants' motion to vacate the default judgment was denied, and they timely appealed.
The appellate court dismissed the possession portion of the appeal as moot because the eviction had been executed and completed, rendering any relief regarding possession impossible. However, the court found the monetary judgment against Steven remained a viable issue for review. The court declined to strike Steven's brief despite procedural violations under Illinois Supreme Court Rules 341 and 342, given the short record and cogent appellee brief.
Critically, the court affirmed the judgment because the appellate record lacked transcripts or acceptable substitutes for both the May 19 ex parte trial and the June 4 motion to vacate hearing. Without these proceedings, the court could not review whether the trial court abused its discretion or whether defendants presented meritorious defenses. Applying the presumption that an incomplete record indicates the trial court's order conformed to law, the court affirmed. This decision underscores that appellants bear the burden of presenting a complete record and that absent such a record, doubts are resolved against the appellant.
Key Holdings
1. An appeal from an eviction possession award is moot and must be dismissed once the eviction has been executed and completed, as no effectual relief can be granted. 2. A monetary judgment for rent and costs remains viable for appellate review despite mootness of the possession award. 3. When an appellate record lacks transcripts of the trial proceedings where error is alleged, the reviewing court must presume the trial court's order conformed to law and had a sufficient factual basis. 4. An appellant bears the burden of presenting a sufficiently complete record; absent such a record, any doubt is resolved against the appellant, including pro se appellants.