{
  "id": 2498692,
  "name": "Ida M. Gold, Plaintiff and Counterdefendant-Appellee, v. Mortimer Gold, Defendant and Counterplaintiff-Appellant",
  "name_abbreviation": "Gold v. Gold",
  "decision_date": "1975-05-23",
  "docket_number": "No. 60854",
  "first_page": "543",
  "last_page": "544",
  "citations": [
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "214 Ill.App. 340",
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      "cite": "308 N.E.2d 75",
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      "opinion_index": 0
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    {
      "cite": "17 Ill.App.3d 11",
      "category": "reporters:state",
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  "last_updated": "2023-07-14T17:27:57.823802+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Ida M. Gold, Plaintiff and Counterdefendant-Appellee, v. Mortimer Gold, Defendant and Counterplaintiff-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE BARRETT\ndelivered the opinion of the court:\nMortimer Gold, defendant, was awarded a decree of divorce in 1972. The decree provided, among other things, (1) the question of alimony for either party to be reserved to a later date; (2) that the defendant pay $1,000 in attorney\u2019s fees to plaintiff\u2019s attorney; (3) that each party retain all personal property in his or her possession as sole owner thereof; (4) that the real property owned jointly by the parties be sold to a third person for not less than its fair market value of $44,000, but within 60 days of the decree either party could acquire the interest of the other for 45 percent of said value.\nDefendant only appealed the above stated provisions of the divorce decree. With respect to the provision setting the valuation of the property, defendant claimed that the trial court erred in ordering the sale of, or the right of either party to purchase the real property at the fair market value of $44,000 without having ordered an account of certain moneys expended by defendant. Defendant, however, did not appeal the finding in the decree that the fair market value of the property was $44,000. The appellate court in Gold v. Gold, 17 Ill.App.3d 11, 308 N.E.2d 75, reversed and remanded the provisions relating to alimony and attorney\u2019s fees, affirmed the provision with respect to the retention of the personal property and affirmed the trial court\u2019s order denying an accounting for defendant\u2019s expenses.\nThe opinion in Gold is silent on the trial court\u2019s finding that $44,000 was the fair market value of the property involved and by its silence affirmed that finding in the decree. Plaintiff and counter defendantappellee did not cross-appeal, thereby accepting the court\u2019s finding as to the fair market value.\nShortly after that decision, plaintiff filed a petition in the trial court requesting the appointment of an appraiser to determine the present fair market value of the real property owned jointly by the parties. In his answer, defendant exercised his option to purchase plaintiff\u2019s interest in the property. It is from the trial court\u2019s order granting plaintiff the relief sought that defendant takes this appeal.\nThe appellate court, by affirming the trial court\u2019s decision not to consider defendant\u2019s expenses for the maintenance of the property, acknowledged that the price to be paid by defendant, should he elect to purchase the plaintiffs interest, is the fair market value as set forth in the divorce decree. This determination removed from the trial court the authority to modify the decree in the form of an order to reappraise the property. On remand it was the duty of the trial court to modify the decree as directed by the opinion of the appellate court and in no other manner, Pritchard v. Fruit, 214 Ill.App. 340; Nye v. Nye, 411 Ill. 408, 105 N.E.2d 300.\nFor the above-stated reason, we find that the trial court does not have jurisdiction to order the sale of the real estate at any price other than the fair market value as set forth in the divorce decree. We reverse the order of the trial court granting plaintiff a reappraisal.\nReversed and remanded.\nDRUCKER and LORENZ, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE BARRETT"
      }
    ],
    "attorneys": [
      "Stone, Pogrund & Korey, of Chicago (Bertram A. Stone, of counsel), for appellant.",
      "Melvin A. Weinstein, of Chicago (Edmund F. Landberg, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "Ida M. Gold, Plaintiff and Counterdefendant-Appellee, v. Mortimer Gold, Defendant and Counterplaintiff-Appellant.\n(No. 60854;\nFirst District (5th Division)\nMay 23, 1975.\nStone, Pogrund & Korey, of Chicago (Bertram A. Stone, of counsel), for appellant.\nMelvin A. Weinstein, of Chicago (Edmund F. Landberg, of counsel), for appellee."
  },
  "file_name": "0543-01",
  "first_page_order": 567,
  "last_page_order": 568
}