PNC Bank v. Kusmierz

In an action arising from a foreclosure complaint, the Illinois Supreme Court addressed whether a petition for relief from a void judgment filed under section 2-1401(f) of the Code of Civil Procedure is subject to dismissal based on laches. Circuit court dismissed the petition applying both laches and the bona fide purchaser protections in section 2-1401(e). The appellate court affirmed. The Supreme Court also affirmed, finding that there was no support for defendants’ contention that laches was not a proper affirmative defense to an attack on a void judgment. (GARMAN, THEIS, NEVILLE, MICHAEL J. BURKE, OVERSTREET, and CARTER, concurring)