Gruss v. Beverley

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

This is an appeal of the section 2 — 1401 order of the trial court (111. Rev. Stat. 1987, ch. 110, par. 2 — 1401) vacating the default judgment previously entered in favor of the plaintiff and against the defendants.

The issue raised by the plaintiff is whether the trial court abused its discretion in granting defendant’s section 2 — 1401 petition to vacate judgment.

Plaintiff filed suit on March 23, 1988, as lessor against defendants as lessees, for damages for breach of a written lease. The verified complaint alleged that the…