Plaintiff filed complaint for services provided to Defendant while he was a resident in a nursing care facility. Defendant, through his son and next friend, filed answer and included affirmative defenses as to Plaintiff's lack of standing. Court erred in entering default judgment against Defendant, on Plaintiff's oral motion for default, as Defendant was denied opportunity to defend on the merits of his responsive pleading and was denied opportunity to challenge Plaintiff's affidavit as to damages. Court erred in denying Defendant's pro se motion to vacate default judgment. Plaintiff served its motion to reconsider and notice of hearing on Defendant's former counsel, rather than on Defendant, as required in court order.(MOORE and BARBERIS, concurring.)
Illinois Appellate Court
Civil Court
Breach of Contract