Smith v. Cole

The plaintiffs, Patricia Smith and James Williamson, appeal from an order of the circuit court of Cook County granting post-judgment relief to the defendant, Minus Cole, Jr., pursuant to section 2 — 1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 1401). By its order, the trial court vacated the default judgments entered in favor of Smith and Williamson and against Cole. We address: (1) whether the trial court had jurisdiction to consider Cole’s amended petition after denying his original petition; (2) whether the trial court should have held an evidentiary hearing…