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FRANCISCO v. FRANCISCO

No. 79-954.

83 Ill. App.3d 594 (1980)

404 N.E.2d 537

JOSE FRANCISCO, Plaintiff-Appellant, v. CONCEPCION FRANCISCO, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed April 23, 1980.

Attorney(s) appearing for the Case

Alan Kawitt, of Chicago (Samuel Wener, of counsel), for appellant.

Dore & O'Toole, Ltd., of Chicago (Leonard L. Levin and John J. O'Toole, of counsel), for appellee.

Judgment affirmed and cause remanded.

Mr. JUSTICE SIMON delivered the opinion of the court:

Plaintiff husband sued for divorce; defendant wife did not appear; husband obtained a decree. Two years and some months later, wife filed a verified motion to vacate the judgment, alleging: she was never served with process or notified in any way of the suit or the judgment; the parties continued to live together as though married, even after the "divorce"; the entire...

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