Bank of Viola v. Nestrick

Defendant, Donald Nestrick, appeals from the denials of his petition to set aside an order of default and denial of his motion to vacate judgment by default. A default judgment had been entered by the circuit court in favor of the plaintiff, Bank of Viola (hereinafter Bank). The question on appeal is whether the court erred in not vacating the default judgment and thereby permitting Nestrick to proceed with a defense on the merits. An examination into the background of the case, which has been before us previously (Bank of Viola v. Nestrick (1979), 72 Ill. App. 3d 276, 390 N.E.2d 636), is…