Issue: Under Illinois law, what is the standard of review applied to a trial court’s denial of a motion to vacate?
|Area of Law:||Litigation Practice & Procedure, Litigation Practice and Procedure|
|Keywords:||; Standard of Review; Motion; Denial; Vacate; Abuse; Discretion; Judgement|
The review of a trial court’s denial of a motion to vacate is for an abuse of that discretion. See Aurora Loan Services, LLC v. Kmiecik, 2013 IL App. (1st) 121700, ¶ 26. A trial court abuses its discretion when it "acts arbitrarily without the employment of conscientious judgment or if its decision exceeds the bounds of reason and ignores principles of law such that substantial prejudice has resulted." Marren Builders, Inc. v. Lampert, 307 Ill.App.3d 937, 941 (1999).
Wells Fargo Bank, N.A. v. Hansen, 2016.IL.143720 (Ill. App. Dist. 1 2016).
Date: March 1, 2016