Singer v. Treat

Plaintiffs appeal from an order entered August 20, 1985, denying their petition under the provisions of section 2 — 1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch 110, par. 2 — 1401), in which plaintiffs sought to vacate an order entered March 19, 1985, dismissing plaintiffs’ cause of action with prejudice for failure to answer defendant’s interrogatories (87 Ill. 2d R. 219(c)(v)). On appeal, plaintiffs contend that (1) the trial court abused its discretion in entering the March 19, 1985, dismissal since plaintiffs were diligently attempting to comply with discovery and their…