Finality ‘without prejudice’ fine line

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is an attorney at Fisher Kanaris P.C. and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted December 14, 2017 1:15 PM

The Illinois Supreme Court’s essential holding in Richter, et al. v. Prairie Farms Dairy Inc., (2016 IL 119518), is that a prior dismissal without prejudice doesn’t convert to a final order for res judicata or appeal purposes where a plaintiff fails to amend the dismissed pleading within the time deadline set by the court and the movant defendant doesn’t seek a dismissal with prejudice.Asserting that their membership in an agriculture cooperative was unfairly terminated, the Richter plaintiffs sued the …

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