In re Marriage of Harnack

Court entered default judgment dissolving marriage and apportioning parties' assets, and held that all shares of stock held by husband or his enterprises were marital property, and awarded wife half of shares of stock as her marital portion. Eight months later, husband moved to set aside judgment per Sections 2-1301(e) and 2-1401(a) OF Code of Civil Procedure. No exceptional circumstances exist to warrant relaxing due diligence requirements of Section 2-1401 for husband, and court properly denied Section 2-1401 petition and denied Section 2-1301(e) motion to vacate judgment. Cause remanded for court to amend judgment to clarify provisions for transfer of shares of stock to escrow. (McBRIDE and GORDON, concurring.)