The court entered an order vacating the judgment against defendant and setting the matter for trial. Plaintiffs filed a timely motion to reconsider. On the same date that plaintiffs filed their motion to reconsider, the trial court entered an order denying the motion. The order stated that trial was to begin instanter and that plaintiffs were unable to continue in that they were not able to put on any evidence. Plaintiffs' timely appeal followed.
Plaintiffs raise the same issues on appeal that they raised in their motion to reconsider.
Thus, plaintiffs first contend that defendant waived her right to challenge any jurisdictional defects, including the failure of service, by making a general appearance. Defendant responds by conceding that she made a general appearance. However, defendant contends that her general appearance did not preclude her from seeking to vacate the judgment on any grounds, including the failure of service. It is essential to the validity of a judgment that the court entering the judgment have jurisdiction of the subject matter of the litigation and jurisdiction over the parties. Absent a general appearance, a court can obtain personal jurisdiction only after proper service of process.