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Neutral Court Opinion May 16, 2026

In re K.S.

── In re K.S. ── Court: Appellate Court of Illinois Date: May 14, 2026 Category: General NOTICE 2026 IL App (4th) 260039-U This Order was filed under FILED Supreme Court Rule 23 and is NO. 4-26-0039 May 14, 2026 not precedent except in the Carla Bender limited circumstances allowed IN THE APPELLATE COURT 4th District Appellate under Rule 23(e)(1). Court, IL OF ILLINOIS FOURTH DISTRICT In re K.S., a Minor ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Adams County Petitioner-Appellee, ) No. 22JA52 v. ) Gary S., ) Honorable Respondent-Appellant). ) Talmadge “Tad” Brenner, ) Judge Presiding. JUSTICE GRISCHOW delivered the judgment of the court. Justices Doherty and Vancil concurred in the judgment. ORDER ¶1 Held: The appellate court dismissed the appeal for respondent’s failure to comply with Illinois Supreme Court Rule 341(h)(7) (eff. Oct. 1, 2020). ¶2 Respondent, Gary S., appeals from an order striking a notice of appeal he filed on November 25, 2025. Due to respondent’s substantial failure to comply with Illinois Supreme Court Rule 341(h)(7) (eff. Oct. 1, 2020), we strike his brief and dismiss the appeal. ¶3 I. BACKGROUND ¶4 Respondent is the father of K.S., a minor who is the subject of an ongoing juvenile proceeding. In March 2025, the trial court entered an order prohibiting respondent from filing materials with the court without first receiving leave of court due to his prior numerous, lengthy, and repetitive filings. (Respondent’s prolific filing was discussed in a prior appeal. See In re K.S., 2025 IL App (4th) 241491-U, ¶¶ 19-27.) ¶5 On November 5, 2025, the trial court entered an order striking respondent’s filing designated as a petition for relief from judgment (see 735 ILCS 5/2-1401 (West 2024)), which was errantly filed without leave of court. On November 25, 2025, respondent filed a notice of appeal, challenging the court’s order striking his petition. The appeal was filed and docketed as appellate court case No. 4-25-1276. ¶6 On December 30, 2025, the trial court entered an order striking respondent’s notice of appeal (along with a similar notice of appeal filed by K.S.’s mother, who is not a party to this appeal). The court stated: “[T]his case was set for hearing on the issue of termination of parental rights on November 24, 2025. Hearing on the pending Petition for Termination of Parental Rights is scheduled to take place on January 2, 2026. This court further FINDS and CONCLUDES that these filings of Notices of Appeal were premature, improper, and improvident and hereby STRIKES father’s November 25, 2025, Notice of Appeal.” After being informed of the trial court’s order striking the notice of appeal, this court dismissed case No. 4-25-1276 accordingly. ¶7 Respondent filed a notice of appeal challenging the trial court’s order striking his prior notice of appeal on December 21, 2025, after receiving leave of court. ¶8 This appeal followed. ¶9 II.
CourtListener · May 14, 2026
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