Onewest Bank v. Topor

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120010
Decision Date: 
March 4, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
DELORT
Holding: 
Appeal dismissed.
Mortgage foreclosure defendants claimed they were never properly served with complaint and summons; and mortgage assignee claimed it was not properly served with Defendants' motion to quash invalid service. As Plaintiff brought both attacks on Defendants' motion simultaneously, it did not forfeit its jurisdictional objection. Becauce circuit court did not rule on merits of Section 2-1401 petition to vacate judgment, but struck it and ordered filing of a second petition, there was no final, appealable order on the petition. (HOFFMAN and ROCHFORD, concurring.)