Court entered order of possession in favor of Plaintiffs in a forcible entry and detainer action.As the complaint alleged a definite and concrete controversy under the Act, Plaintiffs established the existence of a justiciable matter. Defendant was not entitled to a 5-day notice under Section 9-209 of the Act, as nothing indicates that he was a lessee of the property. No error in court striking Defendant's jury demand, as it was filed after date when he was required to appear.As Defendant' waived objections to personal jurisdiction, he was not entitled to an evidentiary hearing on his motion to quash. Court did not abuse its discretion in granting Plaintiff's oral motion to amend complaint, as it occurred prior to entry of order of possession, and less than 2 months after filing of original complaint. (McBRIDE, concurring; GORDON, specially concurring.)
Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act