Wilkins v. Dellenback

Plaintiff, Regina Wilkins, appeals from an order of the circuit court of Kane County denying her petition for relief from a final judgment pursuant to section 2-1401 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-1401) for failing to file her petition within two years of the entry of the final dismissal order for want of prosecution. Ill. Rev. Stat. 1985, ch. 110, par. 2-1401(c). Plaintiff raises the following issues on appeal: (1) whether the date of mailing of her petition should constitute the date of filing for the purposes of the time restrictions imposed by section 2-1401(c) (Ill. Rev. Stat. 1985, ch. 110, par. 2-1401(c)); and (2) whether defendant's actions of filing a motion to vacate any defaults and to answer the complaint, as well as her participation in discovery, after the matter was dismissed served to revest the trial court's jurisdiction over the case.