Illinois Appellate Court
Civil Court
Dismissal
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.)