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KULIKOWSKI v. LARSON

No. 3-98-0637.

710 N.E.2d 1275 (1999)

305 Ill. App.3d 110

238 Ill.Dec. 173

Linda A. KULIKOWSKI, Plaintiff-Appellee, v. Bernard A. LARSON, Defendant (Charles A. Jenkins, individually, and d/b/a Jen Char Lounge, and First Midwest Bank/Illinois, as Trustee under Trust Agreement Dated April 28, 1977, and Known as Trust No. 2541, Defendants-Appellants).

Appellate Court of Illinois, Third District.

May 17, 1999.

Attorney(s) appearing for the Case

Frank T. Davenport (argued), Berger, Newmark & Fenchel, P.C., Chicago, for First Midwest Bank, Charles A. Jenkins and Bernard A. Larson.

James Duda (argued), Cummings & Duda, Ltd., Homewood, for Linda A. Kulikowski.

Justice SLATER delivered the opinion of the court:

Defendants, Charles A. Jenkins (Jenkins) and First Midwest Bank of Illinois (First Midwest), appeal from the trial court's denial of their petition to vacate judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1996)). On appeal, defendants contend that equitable considerations of substantial justice and fairness required the trial court to relax or excuse the diligence requirement...

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