Sutton v. Ekong

Illinois Appellate Court
Civil Court
Diligence of Service
Citation
Case Number: 
2013 IL App (1st) 121975
Decision Date: 
Tuesday, July 9, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Vacated.
Justice: 
SIMON
Plaintiff was not diligent in attempting to personally serve Defendant with Complaint; although Plaintiff's process server attempted five times to serve him at his residence, no attempt was made to serve him at his business address. Thus, court erred in granting Plaintiff's motion for service by special order of court, and service by Secretary of State was improper. Court did not have personal jurisdiction over Defendant when entering default judgment against him.(QUINN and CONNORS, concurring.)