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IN RE MARRIAGE OF SUTTON

No. 3-88-0243.

178 Ill. App.3d 928 (1989)

533 N.E.2d 1125

In re MARRIAGE OF EMILY S. SUTTON, Petitioner-Appellant, and ROBERT L. SUTTON, Respondent-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied February 28, 1989.

Attorney(s) appearing for the Case

J. Brian Heller, of Benassi & Benassi, P.C., of Peoria (A. Lou Benassi, of counsel), for appellant.

Paul Bradshaw, of Peoria, for appellee.

Reversed and remanded.

(Barry, J., dissenting).

JUSTICE HEIPLE delivered the opinion of the court:

The plaintiff appeals from a trial court order dismissing her petition to modify the judgment of legal separation, in which she sought an increase in maintenance. The trial court determined that the judgment was not modifiable without the agreement of the parties. We reverse and remand for further proceedings.

Emily and Robert Sutton were married...

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