City of Rockford v. Gilles

Plaintiff brought an action to foreclose special assessment liens on property owned by the defendant and, when defendant failed to appear, the trial court entered an order of default and judgment of foreclosure and sale. More than two years later the defendant filed a petition for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure. The trial court granted the petition and vacated the prior orders and the plaintiff appealed. The appellate court reversed, finding that the section 2-1401 petition was not filed within the two-year limitations period and that the limitations period was not subject to equitable tolling. (HUDSON, concurring and SCHOSTOK, specially concurring).