LaMotte v. Constantine

The trial court granted defendant’s petition to vacate a default judgment. Plaintiffs appeal, arguing that the petition did not meet the requirements of section 72 of the Civil Practice Act. Ill. Rev. Stat. 1979, ch. 110, par. 72.

We affirm.

On August 7, 1979, plaintiffs Donna Lee LaMotte and Duane D. LaMotte brought an action against Anthony (Mike) Constantine for personal injuries and property damage resulting from an automobile collision occurring in Rosemont, Illinois. A default judgment was entered on September 28, 1979.

On October 25, 1979, defendant filed a motion to vacate the default…