In re Marriage of Best

              No. 2--05--0947 & 2--05--1001 cons. Filed: 1-9-09
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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In re MARRIAGE OF ) Appeal from the Circuit Court
STEVEN RICHARD DEVORE BEST, ) of Lake County.
)
Petitioner and Counterrespondent- )
Appellant, ))
and ) No. 04--D--237
)
ANGELA K. FARLOW BEST, ) Honorable
) Sarah P. Lessman and
Respondent and Counterpetitioner- ) Jorge L. Ortiz,
Appellee. ) Judges, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Petitioner and counterrespondent, Steven Richard Devore Best, appealed the trial court's
decision to grant declaratory judgment in favor of respondent and counterpetitioner, Angela K.
Farlow Best, on the issue of whether the parties' premarital agreement prohibited petitioner's being
compelled to pay respondent's attorney fees related to child support issues. Without reaching the
merits of the issue, we reversed the trial court's judgment on the ground that declaratory judgment
was an improper circumvention of the process for certifying an interlocutory appeal. In re Marriage
of Best, 369 Ill. App. 3d 254 (2006). The supreme court then reversed our holding that declaratory
judgment was improper and remanded the matter to this court to decide on the merits whether the
trial court correctly interpreted the attorney fees clause of the premarital agreement. In re Marriage
of Best, 228 Ill. 2d 107 (2008). Pursuant to the supreme court's decision, we now consider that issue.