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MIZELL v. PASSO

No. 4-89-0436.

192 Ill. App.3d 435 (1989)

548 N.E.2d 783

DENNIS R. MIZELL, Plaintiff-Appellee, v. THOMAS C. PASSO, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed December 21, 1989.

Attorney(s) appearing for the Case

Richard F. Record, Jr., and Richard C. Hayden, both of Craig & Craig, of Mattoon, and Mark P. Henss and Todd M. Tennant, both of Dobbins, Fraker, Tennant, Joy & Perlstein, of Champaign, for appellant.

James A. Martinkus, of Erwin, Martinkus, Cole & Ansel, of Champaign, for appellee.

Judgment vacated and cause remanded.

JUSTICE STEIGMANN delivered the opinion of the court:

Dennis R. Mizell, the plaintiff, brought this medical malpractice action against Thomas C. Passo, M.D., the defendant. At a hearing on several pretrial motions filed by both plaintiff and defendant, the circuit court granted plaintiff's motion for voluntary dismissal without first hearing defendant's previously filed motion for judgment. On appeal, defendant argues that...

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