Tomlen Group, Ltd. v. Goldfarb

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The Tomlen Group, Ltd. (Tomlen), filed suit on July 31, 1979, to foreclose a mechanics’ lien. Steven Goldfarb and Frances Goldfarb et al. (Goldfarb) filed a motion to dismiss under section 48(1) (e) of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 48(1)(e)), alleging the two-year limitations period as a defense (Ill. Rev. Stat. 1979, ch. 82, par. 9). The trial court dismissed the complaint on November 14, 1980. On December 12, 1980, Tomlen filed a motion to reconsider and to vacate the judgment, which was denied…