Warren S. Winkler, LLC v. Weld All, Inc.

Plaintiff obtained a default judgment against the defendant. Defendant then filed a motion to vacate the judgment, which was denied. Defendant then concurrently moved to reconsider and filed an appeal. While the appeal was pending, the circuit court granted the motion to reconsider and vacated the default judgment. The appellate court concluded that the circuit court lacked jurisdiction to consider defendant’s motion to reconsider and also that it abused its discretion when it entered the default and denied defendant’s motion to vacate. The appellate court vacated the order granting the motion to reconsider, reversed the default judgment and order denying defendant’s motion to vacate, and remanded for a trial on the merits. (PETERSON and ANDERSON, concurring)