NCD, INC. v. Kemel

Plaintiff, NCD, Inc., appeals the trial court’s order granting the petition of defendants, Alex and Carolyn Kernel, to vacate a default judgment under section 2 — 1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 1401 (West 1998)). Plaintiff argues that defendants improperly filed a successive petition under section 2 — 1401 and that the trial court erred in granting the petition. We affirm.

Plaintiff sued defendants for breach of contract, and defendants’ answer was due on December 9, 1996. On that date, the trial court entered a default judgment for plaintiff when it appeared that…