Plaintiff appealed from the circuit court’s dismissal of its petition for costs, expenses, and attorneys fees. In a prior appeal, the appellate court vacated the circuit court’s denial of attorneys fees to plaintiff and remanded the case for plaintiff to file an attorney fee petition. The circuit court failed to file the appellate court’s mandate and when plaintiff filed its attorney fee petition 14 months after the mandate was issued, the circuit court dismissed the petition for want of prosecution. The appellate court reversed and remanded, finding that the district court’s decision not to reinstate the case was unreasonable because of the clerk’s failure to file the mandate and the lack of prejudice to the defendants. (NAVARRO, concurring and ODEN JOHNSON, specially concurring)
Illinois Appellate Court
Civil Court
Appellate Procedure