Plaintiff filed a small claims lawsuit seeking unpaid legal fees from the defendant, a former client plaintiff had represented in a child custody action. The circuit court entered a judgment against the defendant after she failed to appear on the scheduled trial date. The defendant then filed a motion to vacate, explaining that she was under the mistaken understanding that the trial would be online instead of in person. The trial court denied the motion and defendant appealed. The appellate court affirmed, finding that it could not conclude that the circuit court abused its discretion where defendant failed to appear in person as directed by an unambiguous written court order and where defendant’s motion to vacate was not supported by sworn affidavits and where defendant had previously failed to appear. (MIKVA and NAVARRO, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure