Domingo v. Guarino

In 2002, plaintiff, Clarence Domingo, entered into a written contract to purchase a home that would be built by defendant, Vito Guarino. Based on plaintiffs dissatisfaction with defendant’s construction of the home, plaintiff filed suit. After a series of pleadings, plaintiff voluntarily dismissed his suit and later filed a virtually identical complaint. Defendant failed to respond to this refiled complaint. The court then entered a default judgment against defendant on July 29, 2008, which defendant petitioned to vacate under section 2 — 1401 of the Code of Civil Procedure (Code) (735 ILCS…