Plantaric v. Michaels

Defendant, Robert M. Michaels, appeals from an order of the circuit court of Cook County denying his motion under section 50(5) of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 50(5)) to vacate a default judgment in the amount of $1,043.66, entered against him in a personal injury action. Defendant contends the trial court’s refusal to vacate the default judgment was an abuse of discretion.

Although plaintiff has not filed an appellee’s brief, we may consider the appeal on the merits. First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128, 133, 345…