Kaput v. Hoey

I respectfully dissent from that part of the majority opinion which holds that plaintiff was not required to give notice to defendant of plaintiff’s motion to vacate the dismissal for want of prosecution (d.w.p.) and to return the cause for prove-up of damages. As authority for its decision, the majority cites Rule 2.1(a) of the Circuit Court of Cook County and Trojan v. Marquette National Bank (1967), 88 Ill. App. 2d 428, 232 N.E.2d 160. In my view, neither of these authorities is persuasive of the disposition.

With respect to Rule 2.1(a), the record is void of any indication that the…