People v. B.R. Mackay & Sons, Inc.

Defendant, B.R. MacKay & Sons, Inc. (BRM), appeals an order of the circuit court of Cook County granting the State’s section 2 — 1401 petition (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 1401) to vacate the July 26, 1983, court order dismissing BRM with prejudice. The main issue to be decided on appeal is whether the trial court erred in granting the State relief under section 2 — 1401. BRM also asserts that the trial court erred in (1) denying its motion that the trial judge recuse himself from hearing the section 2 — 1401 petition on the basis that he extensively participated in the original…