JUNE 13, 2007
3M COMPANY, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
v. ) No. 05 M 21530
JOHN J. MORONEY AND COMPANY, ) The Honorable
) Susan Ruscitti-
Defendant-Appellee. ) Grussel,
) Judge Presiding.
JUSTICE GREIMAN delivered the opinion of the court:
Plaintiff, 3M Company, appeals from the order of the trial court granting a motion to
quash substitute service of process in favor of defendant, John J. Moroney and Company, and
vacating its prior ex parte default judgment and award. On appeal, plaintiff contends that the trial
court erred in vacating its ex parte default judgment and award where plaintiff properly served
defendant substitute process through the Secretary of State. Based on the following, we affirm.
In late June and early July 2005, plaintiff and defendant, through their attorneys,
corresponded regarding money that defendant allegedly owed plaintiff for merchandise. Plaintiff’s
attorney apparently initiated the communications by requesting the outstanding money. On July
3, 2005, defendant’s attorney responded, requesting documentation to support plaintiff’s
Then, on July 14, 2005, plaintiff filed a breach of contract action seeking to collect the
$78,692.80 allegedly owed by defendant. The Cook County sheriff attempted to serve process on