Fairfax Family Fund, Inc. v. Couch

PRESIDING JUSTICE KARNS

delivered the opinion of the court:

The instant appeals, consolidated for opinion, present the issue of whether papers filed in the trial court by mail are deemed to be filed when mailed or only when received by the circuit clerk.

In Fairfax Family Fund, Inc. v. Couch (Couch), an action for the balance allegedly due on a promissory note, plaintiff filed a motion for summary judgment which was granted in defendant’s absence on July 25, 1980. Defendants then filed a motion to vacate summary judgment pursuant to sections 50(5) and 68.3 of the Civil Practice Act (Ill. Rev.…