Laches challenged as defense for void judgment

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 9, 2020 11:55 AM

On appeal from a ruling that invoked laches as justification for rejecting a Section 2-1401 attack on an allegedly void judgment, the petitioners — who claimed that the final decree in a mortgage foreclosure case was a nullity because they weren’t named in the caption of the summons delivered by a process server — relied on the Illinois Supreme Court’s statement, in Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, that “Equitable considerations are inapplicable when a Section 2-1401 petition …

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