Werth Industries, Inc. v. Mid-America Management Co.

Plaintiff appeals from an order dated March 8, 1972, vacating and setting aside an ex parte judgment entered in its favor on November 1, 1971. Although defendants Mid-America Mortgage Corp. and Mid-America Management Co. have filed their appearances in this court, they have not filed any briefs.

Plaintiff contends that the order of vacatur was improper because the petition to vacate failed to allege facts sufficient to establish due diligence or a meritorious defense and further that the order was improper because the trial court lacked authority to hear a second petition seeking the same…