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FIALLO v. LEE

No. 1-04-0440.

826 N.E.2d 936 (2005)

356 Ill. App.3d 649

292 Ill.Dec. 500

Silvia FIALLO, Petitioner-Appellee, v. Andre LEE, Respondent (Illinois Department of Public Aid, Intervenor-Appellant).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 25, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Diane M. Potts, Assistant Attorney General, Chicago, for Intervenor-Appellant.

Sonya D. Naar, Joseph Collins, Piper Rudnick LLP, Chicago, for Appellee.

Justice WOLFSON delivered the opinion of the court:

The trial court entered a default order against petitioner Sylvia Fiallo, ordering her to pay child support to respondent Andre Lee for the support of their two minor children. Three years after entry of the order, Fiallo filed a motion to modify, contending she received no notice of the hearing or of the default order itself. The court entered an order finding the default order void ab initio for want of...

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