Court properly ruled that Defendant/3rd party Plaintiff's claims against Defendant Kornick were barred by the one-refiling rule per section 13-217 of Code of Civil Procedure; and that her claims against Defendant Koch were barred by statute of limitations. Trial court properly denied her request that her claims against Defendant Kornick be reinstated after court vacated its dismissal based on res judicata. To reinstate the claims would be tantamount to an impermissible refiling under Section 13-217, as Defendant had used her 1 opportunity to refile when she filed her 2nd case in state court. The wrongful withholding of Defendant's share of distributions in LLC triggered the running of the statute of limitations and her obligation to investigate further the cause of that wrongful withholding and whether an actionable wrong had been committed. It was not necessary for Defendant to have specifically known of the identity of the recipient of her ownership interest in LLC and the resulting income before statute of limitations would begin to run. Court properly dismissed Defendant's conversion claim as time-barred. (FITZGERALD SMITH and LAVIN, concurring.)
Illinois Appellate Court
Civil Court
Statute of Limitations