CASE v. GALESBURG COTTAGE HOSP.

No. 103879.

880 N.E.2d 171 (2007)

227 Ill.2d 207

Linda CASE et al., Appellants, v. GALESBURG COTTAGE HOSPITAL, an Illinois Not-For-Profit Corporation, et al., Appellees.

Supreme Court of Illinois.

December 13, 2007.


Attorney(s) appearing for the Case

Bryan A. Drew, John D. Drew, Benton, for appellants.

Karen L. Kendall, Roger R. Clayton, of Heyl, Royster, Voelker & Allen, Peoria, for appellees Galesburg Cottage Hospital et al.

Hinshaw & Culbertson, LLP, Chicago (Stephen R. Swofford, Paul C. Estes, James P. LeFante, of counsel), for appellees Galesburg Orthopedic Services, Ltd., et al.


OPINION

Justice BURKE delivered the judgment of the court, with opinion:

At issue in this case is whether a circuit court should include the time that elapses between a voluntary dismissal of a complaint pursuant to section 2-1009 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1009 (West 2006)) and its refiling under section 13-217 of the Code (735 ILCS 5/13-217 (West 1994)) when ruling on a motion to dismiss a case for violating Supreme Court Rule...

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