Default “Orders”, Default “Judgments” And “DWPs” – Illinois Quick Hits

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 …

Saying “I Wasn’t Served” Not Enough to Challenge Service Return On Corp. Registered Agent – IL Law

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 …