Simpson v. Knoblauch

Illinois Appellate Court
Civil Court
Substitution of Judge
Citation
Case Number: 
2020 IL App (5th) 190439
Decision Date: 
Tuesday, June 30, 2020
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Certified question answered; remanded.
Justice: 
OVERSTREET

Trial court does not have discretion to deny a defendant's motion for substitution of judge as of right, when the court has found that the defendant tested the waters in a different cause of action arising from the same occurrence brought by a different plaintiff against the same defendant. (WELCH and BOIE, concurring.)