State Bank of Clearing v. Fair Winds, Inc.

Defendant (Mortell) appeals from an order granting plaintiff’s (the Bank’s) section 72 petition (Ill. Rev. Stat. 1977, ch. 110, par. 72) to vacate a prior dismissal for want of prosecution. On appeal, Mortell contends that (1) the judge who granted the section 72 petition did not have authority to do so because the dismissal order was entered by a different judge, and (2) the section 72 petition is insufficient because it fails to show due diligence and is not supported by facts.

The following pertinent facts appear in the record.

In November 1973, the Bank filed a complaint against various…