 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Corral v. Mervis Industries10/20/2005
ual findings because nothing in the supporting record contains any factual findings or the basis for the circuit court's decision. The order of the circuit court denying defendant's motion to transfer venue simply states, "This cause coming to be heard on motion of defendant, Mervis Industries, to transfer venue; it is hereby ordered that defendant's motion is denied." The supporting record contains no transcript of the hearing on defendant's motion to transfer venue. No additional record on appeal or report of proceedings was provided to the appellate court as permitted by Rule 306(h) (155 Ill. 2d R. 306(h)). There was no bystander's report or agreed statement of facts filed as authorized under Rule 323 (166 Ill. 2d R. 323). Moreover, the record provided to this court for review was the same record presented to the appellate court for its review.
From our examination of the supporting record, we know only that defendant's motion to transfer venue was called for hearing on December 16, 2002. We do not know what evidence or arguments were presented at that hearing, nor are we informed of the circuit court's findings of fact or its reasoning in denying defendant's motion to transfer venue. We only know that the circuit court denied defendant's motion to transfer venue after conducting a hearing. Thus, we cannot determine whether the circuit court's order is based on one or more of the statutory bases for venue.
This court has recognized that to support a claim of error, the appellant has the burden to present a sufficiently complete record. Webster, 195 Ill. 2d at 432, citing Foutch, 99 Ill. 2d at 391-92 ("an appellant has the burden to present a sufficiently complete record of the proceedings at trial to support a claim of error"). An issue relating to a circuit court's factual findings and basis for its legal conclusions obviously cannot be reviewed absent a report or record of the proceeding. Webster, 195 Ill. 2d at 432 ("Where the issue on appeal relates to the conduct of a hearing or proceeding, this issue is not subject to review absent a report or record of the proceeding").
Without an adequate record preserving the claimed error, the reviewing court must presume the circuit court had a sufficient factual basis for its holding and that its order conforms with the law. Webster, 195 Ill. 2d at 432; Foutch, 99 Ill. 2d at 392. "Any doubts which may arise from the incompleteness of the record will be resolved against the appellant." Foutch, 99 Ill. 2d at 392.
Accordingly, we cannot review the claimed error to determine whether the trial court's factual findings were against the manifest weight of the evidence, or consider the legal effect of its factual findings. Consequently, the appellate court's conclusion was not supported by the record and we make no pronouncement on its determination that venue was proper in Cook County based on its conclusion that defendant maintains an "other office" in Cook County. Nonetheless, we affirm its judgment affirming the denial of defendant's motion to transfer venue to Vermilion County.
III. CONCLUSION
For the foregoing reasons, we affirm the judgment of the appellate court, affirming the order of the circuit court of Cook County, denying defendant's motion to transfer based on improper venue.
Affirmed.
JUSTICE GARMAN took no part in the consideration or decision of this case.
|