Fennema v. Vander Aa

Rehearing denied May 27, 1969. On April 6, 1959, the plaintiff, Gilbert Fennema, filed in the circuit court of Cook County a complaint which sought to recover
damages for injuries sustained in an automobile collision. On April 28, 1964, the plaintiff failed to appear for a pretrial
conference, and the case was dismissed for want of prosecution. On January 6, 1967, more than two and one half years after
the entry of the dismissal order, the plaintiff filed a petition to vacate that order, under section 72 of the Civil Practice
Act. (Ill. Rev. Stat. 1967, ch. 110, par. 72.) The petition alleged that "counsel for the Plaintiff did not receive notice
of either the pre-trial conference at which the cause was dismissed, or of the dismissal of the action." The circuit court
denied the petition. Upon an appeal by the plaintiff, the appellate court reversed and ordered the cause reinstated on the
trial calendar. (93 Ill. App.2d 162.) We granted leave to appeal.