Mares v. Metzler

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiff, in appealing an order vacating a default judgment entered against two of the three named defendants, contends that vacatur was improper because the trial court lacked the jurisdiction to do so and, alternatively, because the motion to vacate did not meet the requirements of a section 72 petition.

The facts herein are not in dispute. Plaintiff filed the instant action for monies owed against defendants Raymond Metzler, Catherine Metzler, and T. Atkinson, individually and d/b/a Carey Horse Vans. The Metzlers were served…