Illinois Neurospine Institute, P.C. v. Carson

Illinois Appellate Court
Civil Court
Relief from Judgment
Citation
Case Number: 
2017 IL App (1st) 163386
Decision Date: 
Thursday, September 21, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed.
Justice: 
GORDON

Court abused its discretion in granting Defendant’s Section 2-1401 petition to vacate default judgment entered against him in breach of contract suit. Defendant did not present extraordinary circumstances warranting relaxation of requirement that a petition for vacate default must allege due diligence. Asserting a meritorious defense, without more, does not warrant relaxation of due diligence requirement. Nothing in record shows due diligence by Defendant, either in responding to suit initially or in filing his Section 2-1401 petition. (McBRIDE and ELLIS, concurring.)