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BOCHANTIN v. PETROFF

No. 70374.

582 N.E.2d 114 (1991)

145 Ill.2d 1

163 Ill.Dec. 848

Theresa BOCHANTIN et al., Appellees, v. Dennis PETROFF et al. (Dennis Petroff, Appellant).

Supreme Court of Illinois.

Rehearing Denied December 2, 1991.

Attorney(s) appearing for the Case

Ray Freeark and Ransom P. Wuller, Freeark, Harvey, Mendillo, Dennis & Wuller, P.C., of Belleville, and Heyl, Royster, Voelker & Allen (Gary M. Peplow Karen L. Kendall, of counsel), Peoria, for appellant.

Saul J. Morse, Barbara B. Collins, and Elizabeth W. Anderson, Morse, Giganti & Appleton, Springfield, for amicus curiae Illinois State Medical Society.

Dunham, Boman & Leskera (Edward L. Adelman, of counsel), East St. Louis, for appellees.

Justice CLARK delivered the opinion of the court:

The issue in the instant case is whether the trial court abused its discretion in granting appellees' motion for a voluntary dismissal (Ill.Rev.Stat.1987, ch. 110, par. 2-1009) when a motion for involuntary dismissal (Ill.Rev.Stat.1987, ch. 110, par. 2-619) was pending before the court. We hold that it did not.

On July 27, 1984, appellees Theresa and Matthew Bochantin filed a medical malpractice action in the...

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