Coleman v. Caliendo

Defendant Anthony J. Caliendo appeals from an order of the circuit court vacating, under section 2 — 1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 1401 (West 2002)), the dismissal for want of prosecution (DWP) of plaintiff Robert Coleman’s civil action against him. Defendant contends on appeal that the trial court abused its discretion when it vacated the DWP, because plaintiff failed to state a meritorious claim and failed to demonstrate the requisite diligence to obtain relief under section 2 — 1401.

In December 1999, plaintiff filed a two-count civil action for fraud and…