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Feltmeier v. Feltmeier9/18/2003
PUBLISHED
05/15/2003
Plaintiff, Lynn Feltmeier, and defendant, Robert Feltmeier, were married on October 11, 1986, and divorced on December 16, 1997. The judgment for dissolution of marriage incorporated the terms of a December 10, 1997, marital settlement agreement. On August 25, 1999, Lynn sued Robert for the intentional infliction of emotional distress.
According to the allegations contained in the complaint, Robert engaged in a pattern of domestic abuse, both physical and mental in nature, which began shortly after the marriage and did not cease even after its dissolution.
On October 20, 1999, Robert filed a motion to dismiss the suit under sections 2-615 and 2-619 of the Code of Civil Procedure (735 ILCS 5/2-615, 2-619 (West 1998)), maintaining that the complaint failed to allege facts that give rise to an action for intentional infliction of emotional distress and that, even if the conduct alleged was actionable, the claim was not viable because the statute of limitations had run on most of the alleged misconduct. The circuit court denied Robert's motion to dismiss on February 14, 2000. Robert then filed an amended motion to dismiss under section 2-619, arguing that provisions contained in the marital settlement agreement released him from the claim presented in Lynn's lawsuit. The circuit court denied this motion on June 23, 2000.
On April 10, 2001, following a hearing on Robert's motion for permissive interlocutory appeal, and pursuant to Supreme Court Rule 308(a) (155 Ill. 2d R. 308(a)), the circuit court made a written finding that its orders denying Robert's motions to dismiss involved questions of law as to which there are substantial grounds for difference of opinion and that an immediate appeal from the orders might materially advance the ultimate termination of the litigation. The three questions of law identified by the court were as follows:
"a. Whether the plaintiff's Complaint states a cause of action for intentional infliction of emotional distress.
b. Whether the plaintiff's claims for intentional infliction of emotional distress based on conduct prior to August 25, 1997, are barred by the applicable statute of limitations.
c. Whether the plaintiff's claim against defendant for intentional infliction of emotional distress has been released by the language of the Marital Settlement Agreement."
After the circuit court made its written finding, Robert applied to the appellate court for leave to appeal and his application was granted. In addition to the three issues certified for review, the court addressed an immunity issue raised by Robert on appeal. The appellate court concluded that Lynn, as plaintiff, could "maintain an action at law to recover monetary damages proximately caused by her ex-husband's pattern of abusive treatment during the course of their ill-fated marriage." 333 Ill. App. 3d 1167, 1170. One justice dissented in part. We granted Robert's petition for leave to appeal from the appellate court's judgment (177 Ill. 2d R. 315) and now affirm.
Because this appeal concerns questions of law certified by the circuit court pursuant to Supreme Court Rule 308, and because it arose in the context of orders denying section 2-619 and section 2-615 motions to dismiss, our review is de novo. Eads v. Heritage Enterprises, Inc., 204 Ill. 2d 92, 96 (2003); Robinson v. Toyota Motor Credit Corp., 201 Ill. 2d 403, 418-19 (2002); Weatherman v. Gary-Wheaton Bank of Fox Valley, N.A., 186 Ill. 2d 472, 480, 491 (1999). Additionally, we review de novo Robert's claim of immunity, as it involves a question of statutory interpretation. Eads, 204 Ill. 2d at 96; Michigan Aven
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