Gassman v. The Clerk of the Circuit Court of Cook County

Suit for mandamus and other relief against Circuit Clerk, challenging statutory validity of certain fees levied by Clerk's Office. Provisions of section 27.2a(g) of Clerk of Courts Act apply to a final judgment or final order of court. Court erred in granting Section 2-615 motion to dismiss, as Plaintiff alleged facts showing a clear and affirmative right to relief. As Plaintiff does not seek damages, but is a mandamus action seeking a refund of certain fees improperly collected, statutory tort immunity does not apply. No res judicata bar; no evidence that this Plaintiff is in privity with plaintiff in another action. It is not sufficient that same attorney represented plaintiffs in both suits. (NEVILLE and PIERCE, concurring.)