Heartland Bank & Trust v. Katz

Illinois Appellate Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2020 IL App (1st) 182259
Decision Date: 
Monday, March 23, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed in part and dismissed in part.
Justice: 
PIERCE

Court granted one Defendant's petition to vacate a default judgment pursuant to section 2-1401 of Code of Civil Procedure, and denied Plaintiff's petition for attorney fees against the other Defendant. Appellate court lacks jurisdiction to review order granting section 2-1401 petition as Plaintiff did not file a notice of appeal within 30 days of entry of order. Court did not abuse its discretion by denying Plaintiff additional attorney fees. After default judgment was vacated, Plaintiff's claims were submitted to mandatory court-annexed arbitration. No party rejected the arbitration award. Plaintiff, after prevailing at arbitration, could have rejected arbitration award if it was not satisfied with the award because its attorney fees were inadequate. (HYMAN and WALKER, concurring.)