Agorianitis v. Ress

On June 14,1972 a judgment was entered in favor of the plaintiff, Nick Agorianitis, and against the defendant, John Ress. Over three years later, on October 2, 1975, the defendant filed a petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72) to vacate that judgment. Section 72 provides in pertinent part:

“(3) The petition must be filed not later than 2 years after the entry of the order, judgment or decree. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded…