Blazyk v. Daman Express, Inc.
406 Ill. App. 3d 203
Ill. App. Ct.2010Background
- Blazyk is plaintiff in a breach-of-contract action against Daman Express, Inc. and Dex Logistics, Inc.
- Plaintiff obtained a default judgment when defendants failed to appear by December 8, 2009.
- On January 20, 2010, the defendants filed a Motion to Vacate Default Judgment, asserting meritorious defenses and lack of intentional delay.
- The trial court granted relief from the judgment on January 27, 2010 in a brief proceeding.
- Blazyk appeals, arguing the petition for relief under section 2-1401 was legally insufficient and the court erred in granting relief; the court reverses and remands for proper Section 2-1401 proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2-1401 petition was legally sufficient | Blazyk | Daman and Dex | Petition inadequate; lacked meritorious defense and supporting facts. |
| Whether the trial court abused its discretion in granting relief | Blazyk | Daman and Dex | Yes, abuse of discretion; relief denied on remand. |
| Whether a petition under 2-1401 is an initial pleading with pleading requirements | Blazyk | Daman and Dex | Petition is initial pleading requiring specific facts and supporting materials. |
| What is the proper disposition on remand | Blazyk | Daman and Dex | Dismiss the petition as insufficient; allow leave to amend on remand. |
Key Cases Cited
- Vincent v. Vincent, 226 Ill.2d 1 (2007) (establishes elements and diligence for 2-1401 petitions)
- Rockford Financial Systems, Inc. v. Borgetti, 403 Ill.App.3d 321 (2010) (abuse-of-discretion standard for standard 2-1401 petitions; meritorious defense review de novo)
- Keener v. City of Herrin, 235 Ill.2d 338 (2009) (service and jurisdiction requirements for 2-1401 petitions)
- Ostendorf v. International Harvester Co., 89 Ill.2d 273 (1982) (procedural framework for 2-1401 petitions; initial pleadings and process)