Plaintiff filed will contest as to his deceased mother's will, and a separate multicount complaint. Court dismissed both cases for want of prosecution (DWP) and denied Plaintiff's motion to vacate the will contest. Plaintiff filed a motion to vacate the DWP within 30 days of the DWP order, and the court denied the motion; Plaintiff's 1-year refiling period under section 13-217 began to run on date that his motion was denied. The denial of his motion to vacate was not a final and appealable order, and appellate court lacks jurisdiction to consider the issues regarding the will contest. Court's DWP order as to Plaintiff's multicount complaint was not a final and appealable order, and appellate court lacks jurisdiction over the complaint. (McLAREN and HUTCHINSON, concurring.)
Illinois Appellate Court
Civil Court
Wills