Mryszuk v. Hoyos

PRESIDING JUSTICE GREIMAN

delivered the opinion of the court:

Following an ex parte bench trial in which defense counsel failed to appear at the appropriate time, defendant appeals the trial court’s denial of a motion to reconsider judgment. However, we find the trial court abused its discretion when it denied defendant’s motion to vacate. Pursuant to Illinois Supreme Court Rule 366 (107 Ill. 2d R. 366), we reverse the trial court’s decision as to defendant’s motion to vacate and remand for new trial.

This litigation arises from an automobile accident plaintiff and defendant had in 1980.…