Illinois Appellate Court
Civil Court
Relief from Judgment
Court properly made sua sponte dismissal of pro se petition for relief from judgment. Defendant argued that dismissal was premature as State was not properly served with petition. State's presence at proceedings indicated they received actual notice of petition, satisfying purpose of Rule 106, to provide notice to responding party. State did not object to service, and State did not respond to petition. Once 30-day period for response passed, petition was ripe for adjudication and court could dismiss petition sua sponte. (GORDON and PALMER, concurring.)