First Midwest Bank v. Cobo

Court erred in granting summary judgment for Plaintiff on its complaint for breach of contract and unjust enrichment. A single-count complaint, requesting foreclosure of mortgage and a personal judgment for any deficiency, involves operative facts arising from mortgage and promissory note. Plaintiff’s predecessor in interest filed a single-count foreclosure complaint, which was later voluntarily dismissed. For purposes of res judicata, same set of operative facts gave rise to causes of action in foreclosure complaint and breach of note complaint, and latter action was an improper 2^nd refiling in violation of Section 13-217 of Code of Civil Procedure.  (PIERCE and MIKVA, concurring.)