Issue: Under Illinois law, what is the standard of review applied to an appeal following a 2-619 motion?
|Area of Law:||Litigation Practice & Procedure, Litigation Practice and Procedure|
|Keywords:||; Standard of Review; § 2-619 motion; De Novo|
In ruling on a section 2-619 motion, courts must construe the allegations in the pleadings and supporting documents in the light most favorable to the nonmoving party. On appeal, our review is de novo. In re Adoption of Samuel E., 401 Ill.App.3d 250, 253 (2010). Thus, where the petitioner appeals, a court will assume that the allegations in the petitioners’ motions are true.
In re Adoption of J.W., No. 5-15-0203, 2016.IL.000213 (Feb. 4, 2016) (VersusLaw).
Date: March 1, 2016