Filed 3/14/08 NO. 4-07-0220
IN THE APPELLATE COURT
JILL D. NESSLER, n/k/a JILL D. EGIZII, ) Appeal from
Plaintiff-Appellant, ) Circuit Court of
v. ) Sangamon County
FREDERIC W. NESSLER, ) No. 05CH253
) Theodis P. Lewis,
) Judge Presiding.
JUSTICE COOK delivered the opinion of the court:
Plaintiff Jill D. Nessler, now known as Jill D. Egizii,
brought an action for money damages proximately caused by defen-dant
Frederic W. Nessler's alleged fraudulent inducement of her
execution of a marital settlement agreement (MSA) and other
ancillary documents. The agreement was incorporated in a judg-ment
of dissolution. Defendant moved pursuant to section 2-619
of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West
2006)) to dismiss plaintiff's action as an attack upon the
judgment of dissolution in violation of sections 2-1203 (735 ILCS
5/2-1203 (West 2006)) and 2-1401 (735 ILCS 5/2-1401 (West 2006))
of the Code. The trial court granted defendant's motion.
Plaintiff appeals. We reverse and remand.
Plaintiff alleged the following in her second amended
Defendant and plaintiff were married on January 16,
1983. The couple was married in and resided in Sangamon County.