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Bowling v. Hopp

ILLINOIS APPELLATE COURT — SECOND DISTRICT


JANUARY 12, 1972.

BONNIE BINZ BOWLING, PLAINTIFF-APPELLANT,

v.

JOHN HOPP, DEFENDANT-APPELLEE.

APPEAL from the Circuit Court of Kane County; the Hon. PAUL SCHNAKE, Judge, presiding.

MR. JUSTICE ABRAHAMSON DELIVERED THE OPINION OF THE COURT:

On January 6, 1969, the plaintiff filed her complaint in replevin in the Circuit Court of Cook County alleging that she was entitled to the possession of certain items of personal property unlawfully detained by John Hopp, the defendant, or, in the alternative, damages in the amount of $491.10, being the value of the property. On July 23, 1969, the cause was transferred to the Circuit Court of Kane County for the reason that Hopp was a resident of that county.

On February 24, 1970, judgment was entered in favor of the plaintiff in the amount of $491.10 when the defendant failed to appear pursuant to notice. On April 23, 1970, the judgment order was vacated "on the court's own motion" and apparently without notice to either party.

On September 15, the plaintiff filed her motion to vacate the order of April 23 on the grounds that the court had lost jurisdiction on that date. On October 7, that motion was denied and the cause set for hearing on October 27. This appeal followed.

Although the plaintiff has filed the record, her brief and excerpts of record, no appearance or brief has been filed by the defendant. For that reason, the orders appealed from will be reversed and the cause remanded. Rotter v. Rotter, 119 Ill. App.2d 231.

Reversed and remanded.

SEIDENFELD, P.J., and GUILD, J., concur.

19720112

© 2002 VersusLaw Inc.



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