{
  "id": 2519093,
  "name": "Aarrow Ambulance, Plaintiff-Appellee, v. Donald Davis, Jr., Defendant-Appellant",
  "name_abbreviation": "Aarrow Ambulance v. Davis",
  "decision_date": "1974-01-11",
  "docket_number": "No. 73-128",
  "first_page": "318",
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    "id": 8837,
    "name": "Illinois Appellate Court"
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  "last_updated": "2023-07-14T16:47:04.631682+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Aarrow Ambulance, Plaintiff-Appellee, v. Donald Davis, Jr., Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE DIXON\ndelivered the opinion of the court:\nThe defendant, Donald Davis, Jr., appeals from an order entered in the Circuit Court of Tazewell County which denied his motion to expunge a judgment and quash a garnishment summons based thereon and which order further allowed an amendment more than a year after the original judgment was entered.\nThe original action was filed under the name of \u201cAarrow Ambulance\u201d Plaintiff. One James C. Freehan signed the complaint. James C. Freehan is not a lawyer. Summons was served on defendant and on March 7, 1972 a default judgment was entered against defendant in favor of \u201cAarrow Ambulance\u201d.\nOn Feb. 22, 1973 defendant, by special appearance, moved to expunge the judgment from the record as void and also moved that intervening garnishment summons be quashed. At the hearing on the motion it was stipulated that the certified list showed no corporation named \u201cAarrow Ambulance\u201d but did show one named \u201cAarrow Ambulance, Inc.\u201d\nThe court denied defendant\u2019s motion and granted a motion of Aarrow Ambulance Inc., filed instanter, by its attorney then in court for the first time, to amend the name of the Plaintiff in the pleadings and orders, in the cause to \u201cAarrow Ambulance, Inc.\u201d\nThe appellant has fully perfected his appeal and complied with all the requirements of the rules of court. The plaintiff, Aarrow Ambulance, has not filed a brief in this court. This fact alone is sufficient to permit a reviewing court to summarily reverse the judgment of the trial court without a consideration of the cause on its merits. (Village of Seaton v. Carlson, 1 Ill.App.3d 759; 2 I.L.P. Appeal and Error \u00a7 560; 5 Am.Jur.2d Appeal and Error \u00a7 686.) Such failure or default on the part of appellee may be accepted and deemed to be a confession of the errors assigned by appellant. (Briar Place Corp. v. Harman, 46 Ill.App.2d 1.) And where no important principles or questions of law are involved this court has summarily reversed. (City of Kankakee v. Young, 122 Ill.App.2d 304.) It has been held that the rule that failure to file a brief is a confession of error will not be invoked unless the appellant\u2019s brief makes an apparent or prima fade showing of reversible error. Ellet v. Ellet, 137 Ind.App. 96, 205 N.E.2d 555. 5 C.J.S. Appeal and Error \u00a7 1314b.\nAny corporate proceeding in law brought by a layman is a nullity under the specific holding in Remole Soil Service, Inc. v. Benson, 68 Ill.App.2d 234. The court on page 239 stated, \u201cWe find nothing in the statutes, case law, or Supreme Court Rules which directly or by reasonable implication permits a business corporation to prosecute or defend its own suits in our courts, on any level except through a licensed attorney. * * s \u2018Proceedings in a suit by a person not entitled to practice are a nullity and the suit may be dismissed. If the cause has proceeded to judgment, the judgment is void and will be reversed.\u2019 7 C.J.S. Attorney and Client, sec. 16b.\u201d\nFurther, in the recent case of Alton Evening Telegraph v. Doak, 11 Ill.App.3d 381, 296 N.E.2d 605, where the word \u201cGo.\u201d was omitted the court held that the whole action failed.\nThe amendment permitted by the trial court, changing the name of plaintiff in the pleadings and judgment were alsg beyond the powers of the court, the judgment having been entered more than 30 days prior thereto. As frequently stated, the trial court loses its power to modify its judgment after 30 days from the rendition thereof except as to matters of form. Fox v. Dept. of Revenue, 34 Ill.2d 358, 360.\nThe defendants motion to expunge the judgment should have been allowed because a void judgment can be expunged at any time. 23 I.L.P. Judgments \u00a7 174.\nFor reasons stated herein the.judgment of the Circuit Court of Tazewell County will be reversed and the cause remanded with directions to the trial court to allow defendant\u2019s motion to expunge the original judgment and to quash the garnishment summons based thereon.\nReversed and remanded with directions.\nSTOUDER and SCOTT, JJ., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE DIXON"
      }
    ],
    "attorneys": [
      "Kuhfuss & Kuhfuss, of Pekin, for appellant.",
      "Dick L. Williams, of East Pteoria, for appellee."
    ],
    "corrections": "",
    "head_matter": "Aarrow Ambulance, Plaintiff-Appellee, v. Donald Davis, Jr., Defendant-Appellant.\n(No. 73-128;\nThird District\nJanuary 11, 1974.\nKuhfuss & Kuhfuss, of Pekin, for appellant.\nDick L. Williams, of East Pteoria, for appellee."
  },
  "file_name": "0318-01",
  "first_page_order": 340,
  "last_page_order": 342
}