SP Consulting, Inc. v. Exceleo Business Consulting, Inc.

Illinois Appellate Court
Civil Court
Civil Procedure
Citation
Case Number: 
2024 IL App (1st) 230995
Decision Date: 
Wednesday, December 18, 2024
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Reversed in part and dismissed in part.
Justice: 
REYES

Plaintiffs filed a multicount complaint against multiple defendants that was delayed by court closures caused by the Covid-19 pandemic and, despite a trial court order that the case be transferred and placed on the trial call, the case did not go to trial. The trial court dismissed the lawsuit for want of prosecution and denied plaintiff’s timely motion to vacate the DWP order and reinstate the case and plaintiff appealed. The appellate court reversed the trial court order with respect to one defendant, but dismissed the appeal with regard to another defendant for lack of jurisdiction because plaintiff had previously filed a case against that defendant and the rules of civil procedure only permit one re-filing of a case. (MARTIN and D.B. WALKER, concurring)