Ertl v. The City of DeKalb

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 110199
Decision Date: 
March 19, 2013
District: 
2d Dist.
Division/County: 
De Kalb Co.
Justice: 
BURKE
Holding: 
Reversed.
Trial court was obligated to follow specific directions of appellate court's mandate that Plaintiff should be reinstated as firefighter. Plaintiff, by failing to appeal trial court's omission of a reinstatement order or calling his petition for rule for a hearing, forfeited his attempt to secure his right to reinstatement, and res judicata bars Plaintiff's subsequent suit seeking reinstatement and back wages. (BIRKETT, specially concurring; McLAREN, dissenting.