Ebulon Financial Group, LLC v. Politanska

Plaintiff filed an eviction action against defendant seeking possession and money damages in connection with a single-family residence. After the circuit court entered an agreed eviction order, the defendant’s daughter filed a motion to vacate the agreed order in which she argued she was an occupant of the residence and was never named in the lawsuit or served. The circuit court granted the motion to vacate and granted her motion seeking immediate possession of the property. Plaintiff appealed and the appellate court reversed, finding that the defendant’s daughter was, at most, an “unknown occupant” for the purposes of the Eviction Act and was properly named and served in that capacity. (MARTIN and ROCHFORD, concurring)