Illinois Appellate Court
Civil Court
Voluntary Dismissal
Plain language of 735 ILCS 5/13-217 indicates that after a complaint has been voluntarily dismissed with leave to refile pursuant to section 2-1009, reinstating the complaint under its original case number does not satisfy the "new action" requirement of that section. "New" denotes a new case number, a new filing fee, and a new summons to issue. Thus, refiling a complaint in a previously dismissed lawsuit, as opposed to filing a new action, does not satisfy the language of Section 13-217 which states a plaintiff may commence a new action after the case is voluntarily dismissed pursuant to 735 ILCS 5/2-1009. (GORDON and LAMPKIN, concurring.)