Bankfinancial, FSB v. Tandon

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 113152
Decision Date: 
March 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
HYMAN
Holding: 
Reversed and remanded.
Res judicata does not apply when court orders a voluntary dismissal based on Section 2-1009 of Code of Civil Procedure. Court order of dismissal for want of prosecution is not a final judgment, until the one-year right to refile expires, as it does not terminate the litigation between the parties on the merits. Refiling within one year of a dismissal for want of prosecution order is allowed per Section 13-217 of the Code of Civil Procedure. (NEVILLE and STERBA, concurring.)