Court entered judgment of foreclosure and order confirming subsequent judicial sale. Court properly ordered stricken all 6 amended affirmative defenses of Defendant Varan, as they contain unsupported allegations of law and fact. Court properly denied Varan's motion to strike Plaintiff's Rule 113 affidavit and granted summary judgment for Plaintiff. Affidavit was in substantial compliance with requirements of Rule 113. Varan failed to submit counteraffidavit contradicting allegations in affidavit. Defendant Fiandaca's notice of appeal only sought review of order denying him leave to vacate technical defaults and to file a counterclaim and order denying him leave to file response to Plaintiff's motion for summary judgment. These orders were not final, appealable orders under Rule 301. Thus, Fiandaca's appeal is dismissed for lack of jurisdiction. (HOFFMAN and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure