Appellate Law

Manifest-Weight-Of-The-Evidence Standard For Review Of Denial Of Request To Vacate Judgment

By Steven R. Merican

Clarence Domingo sued the builder of his house, Vito Guarino, for breach of contract and violation of the Illinois consumer fraud act. Clarence got a default judgment, which Vito tried to get vacated under Illinois Code of Civil Procedure § 2-1401. The trial court held an evidentiary hearing on Vito?s request, then refused to vacate the judgment. So Vito appealed.

The first issue on appeal was the proper standard of review. The Second District Illinois Appellate Court acknowledged a split among courts on the question, then threw its hat on the side of the manifest-weight-of-the-evidence standard.

The whole opinion, Domingo v. Guarino, No. 2-09-0852 (6/25/10), is available by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on October 14, 2010 (boomark / email).