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IN RE MARRIAGE OF DIAZ

No. 2-05-1061.

845 N.E.2d 935 (2006)

363 Ill. App.3d 1091

301 Ill.Dec. 70

In re MARRIAGE OF Katharine L. DIAZ, Petitioner-Appellant, and Scott A. Diaz, Respondent-Appellee.

Appellate Court of Illinois, Second District.

March 17, 2006.

Attorney(s) appearing for the Case

John E. Passarelli, Inverness, for Katharine L. Diaz.

Dwayne Douglas, Weinstein & Douglas, P.C., Waukegan, for Scott A. Diaz.

Justice HUTCHINSON delivered the opinion of the court:

Petitioner, Katharine L. Diaz, appeals the trial court's order dismissing for lack of subject matter jurisdiction the child custody portion of the dissolution petition she filed against respondent, Scott A. Diaz. The trial court granted Scott's motion to dismiss for lack of subject matter jurisdiction (735 ILCS 5/2-619(a)(1) (West 2004)), finding that Illinois was not the home state of the parties' minor child...

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