Plaintiff appealed from a judgment dismissing her complaint as time-barred for being filed after the statute of limitations expired. Plaintiff argued on appeal that the trial court erred in refusing to find her complaint timely filed where the circuit clerk had rejected the complaint, which was submitted two days prior to the expiration of the statute of limitations, because it did not have an affidavit per Supreme Court Rule 222(b) or, in the alternative, even if the trial court properly refused to deem her complaint timely field, the court erred in holding that plaintiff failed to show good cause under Rule 9(d)(2) for the late filing. The appellate court reversed and remanded, finding that the absence of a Rule 222(b) affidavit was not a proper basis for rejecting the complaint and that the complaint should have been deemed filed as of the date it was submitted. (McLAREN and MULLEN, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure