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COLEMAN v. CALIENDO

No. 1-04-1804.

838 N.E.2d 155 (2005)

361 Ill. App.3d 850

297 Ill.Dec. 668

Robert COLEMAN, Plaintiff-Appellee, v. Anthony J. CALIENDO, Individually and d/b/a Wars of the World, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

October 27, 2005.

Attorney(s) appearing for the Case

James M. Chesloe, Ltd., Willow Springs (James M. Chesloe, of counsel), for Appellant.

Schiffman & Jacobs, P.C., Chicago (C. Corey and S. Berman, of counsel), for Appellee.

Justice MURPHY delivered the opinion of the court:

Defendant Anthony J. Caliendo appeals from an order of the circuit court vacating, under section 2-1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2002)), the dismissal for want of prosecution (DWP) of plaintiff Robert Coleman's civil action against him. Defendant contends on appeal that the trial court abused its discretion when it vacated the DWP, because plaintiff failed to state a meritorious...

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