Illinois Appellate Court
Civil Court
Arbitration
Trustee for land trust and partnership filed declaratory judgment action in circuit court seeking authority to sell real estate which formed corpus of trust at public auction. The Defendants' filing of a Section 2-619(a)(2) motion to dismiss, and litigating merits of that motion, was conduct inconsistent with the right to arbitrate. Thus Defendants clearly abandoned that right, and waived their right to file a subsequent motion to compel arbitration. (McDADE and CARTER, concurring.)