Ryan v. Kontrick Modified upon rehearing

Defendant Andrew J. Kontrick appeals the order of the trial court granting plaintiff Robert A. Ryan’s motion to reinstate in connection to this court’s opinion in Ryan v. Kontrick, 304 Ill. App. 3d 852 (1999) (Ryan I). Ryan’s motion was filed 290 days after a stay was lifted in a bankruptcy proceeding initiated by Kontrick. On appeal, Kontrick contends that the trial court erred in granting plaintiffs motion to reinstate because Ryan failed to exercise due diligence in filing the motion, as required by Supreme Court Rule 369(c). 134 Ill. 2d R. 369(c).

BACKGROUND

In Ryan I, Kontrick appealed the…