Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
In a case whose procedural progression spans more than a decade, the First District in John Isfan Construction v. Longwood Towers, LLC, 2016 IL App (1st) 143211 examines the litigation aftershocks flowing from a failure to properly serve a limited liability company (LLC). The case also illustrates when a money judgment can be vacated under …
Continue reading “Faulty Service on Defunct LLC Spells Trouble for Judgment Creditor – IL 1st Dist.”
Jackson v. Hooker, 397 Ill.App.3d 614 (1st Dist. 2010) is dated but relevant for its interesting procedural history and nuanced discussion of appellate procedure, the difference between default orders and default (money) judgments and the appropriate time to vacate a dismissal for want of prosecution (“DWP”). After obtaining an order of default against the defendant, the plaintiff …
Continue reading “Default “Orders”, Default “Judgments” And “DWPs” – Illinois Quick Hits”
In Charles Austin, Ltd. v. A-1 Food Services, Inc., 2014 IL App (1st) 132384, the First District affirmed the denial of a corporate defendant’s Section 2-1401 motion to vacate a judgment. About three months after judgment, the defendant sought to vacate the judgment claiming it was never served with the lawsuit. The trial court denied …