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202 Ill. App. 3d 511

Virzint v. Beranek

Appellate Court of Illinois

Decided September 4, 1990

Appellate Court of Illinois · decided 1990-09-04

Relies on In re Marriage of Hirsch · 11 Ill. App. 2d 441 - Lichter v. Scher · 5 Ill. App. 3d 73 - Furth v. Furth

Good law ✅— No negative treatment on recordhow we know

Decided 1990-09-04

How this case has been cited

Cited by 5 later decisions — most recently June 2022

4 state decisions

301990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JUSTICE MANNING,

¶1dissenting:

¶2I must respectfully disagree with my colleagues that the trial court’s finding of an agreement between the parties concerning retro-activity was not contrary to the manifest weight of the evidence and that a nunc pro tunc order was properly entered. The evidence relied on by the trial court to conclude that an agreement existed between the parties about retroactivity is found in a brief colloquy wherein plaintiff’s attorney asked whether there was any dispute as to the retroactive effect of the support to which defendant’s attorney responded “No, I don’t think there’s any dispute.” The record reveals no pronouncement from the court on the issue. In my view such an utterance falls far short of an agreement. Additionally, the judgment order which was entered was prepared by plaintiff’s lawyer. Certainly, if such an agreement was intended, it would have been embodied in the judgment order. It is clearly erroneous, in the absence of some memorandum or clear statement of either the court or counsel, to speculate on what the attorneys’ intent was some years ago. A nunc pro tunc order cannot be entered to supply an omission. It is a mechanism to correct the record as to something that actually occurred. It must relate back to the occurrence and that occurrence should have been memorialized in some way, i.e., written notation, memo, verbally uttered and set forth in a transcription, etc. Furth v. Furth (1972), 5 Ill. App. 3d 73, 283 N.E.2d 102, 105; Lichter v. Scher (1956), 11 Ill. App. 2d 441, 446-47, 138 N.E.2d 66; In re Marriage of Hirsch (1985), 135 Ill. App. 3d 945, 482 N.E.2d 625.

¶3For the foregoing reasons, I would reverse the trial court.

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