Illinois Supreme Court· 10/17/1986

Smith v. Airoom, Inc.

Citations

499 N.E.2d 1381
114 Ill. 2d 209
102 Ill. Dec. 368
1986 Ill. LEXIS 332

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the trial court did not abuse its discretion in denying section 2-1401 petition solely on the element of due diligence in defending against claims in original action
noting that a party must establish all three elements to warrant relief under section 2-1401
explaining that relief under section 2-1401 requires a showing of “a meritorious defense - 10 - 2025 IL App (2d) 240314 or claim” and due diligence in both the original action and in bringing the motion
concluding “[w]hen all of the circumstances of this case are viewed in their entirety, there is no doubt that [the litigant’s] dilemma is the result of its own negligence and indifference to or disregard of the circuit court’s process.”
noting the plaintiff was not required to notify defendant of a motion where defendant failed to file an appearance
noting, in determining the reasonableness of an excuse, all circumstances must be considered, including the conduct of the litigants and their attorneys

Source: CourtListener parenthetical corpus (CC0).

Judges: Ryan, Moran

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Cited by

251 cases in this archive cite this case; the 20 most cited are listed.

Cites

42 cases in this archive are cited by this case; the 20 most cited are listed.

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