Appellate Court Finds Lack of Jury Trial Insufficient Reason to Set Aside Judgment Due to Untimely Challenge

On March 25, 2022, the Illinois First District Appellate Court issued its opinion in Casteel v. Jiminez, affirming the dismissal of a petition filed under 735 ILCS 5/2-1401 to set aside a multimillion-dollar judgment. The court held that the petition was untimely and rejected the defendant’s argument that the judgment was void due to the absence of a jury trial on damages. Emphasizing that void judgments are limited to cases involving a lack of personal or subject matter jurisdiction, the court declined to recognize a new category of voidness and affirmed the circuit court’s judgment.