Illinois Appellate Court
Civil Court
Res Judicata
Plaintiff filed a lawsuit alleging libel, defamation, and invasion of privacy and the defendant responded with a motion to dismiss arguing that the lawsuit was barred by the doctrine of res judicata because the plaintiff previously filed a petition for an order of protection based on the same operative facts. The circuit court granted the motion to dismiss and plaintiff appealed. The appellate court reversed and remanded, finding that the civil case did not present the same cause of action as the petition for an order of protection. (BIRKETT and MULLEN, concurring)