Illinois Appellate Court
Civil Court
Promissory Notes
Plaqintiff sued to enforce a note and guaranty executed by Defendants in connection with purchase of a horse farm. Court entered summary judgment ot Plaintiff and entered judgment against Defendants for $8.32 million. Court denied Defendants' Section 2-1401 petition to vacate judgment. Court did not abuse its discretion in finding that Defendants failed to show due diligence in presenting their defense in the underlying suit, where Defendants had actual knowledge of the intercreditor agreement no later than 8 months prior to entry of summary judgment. (McBRIDE and REYES, concurring.)