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O'MALLEY v. POWELL

No. 1-89-1623.

202 Ill. App.3d 529 (1990)

559 N.E.2d 981

ROSEMARY O'MALLEY et al., Plaintiffs-Appellees, v. PETER A. POWELL, Defendant-Appellant.

Appellate Court of Illinois — First District (6th Division).

Opinion filed August 17, 1990.

Attorney(s) appearing for the Case

Roberta Cole, of Law Offices of Joseph P. Marto, of Skokie (Sidney Z. Karasik, of counsel), for appellant.

Law Offices of Joseph V. Roddy, of Chicago, for appellees.

Judgment affirmed and cause remanded.

JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs, James and Rosemary O'Malley, filed a personal injury action against defendant Peter Powell following an automobile accident. (James is now deceased, and Rosemary is administrator of his estate.) The complaint was dismissed for want of prosecution. Plaintiffs filed a petition to vacate the default judgment pursuant to section 2-1401 of the Code of Civil Procedure...

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