Panel: Refiled case needed new number

By Marc Karlinsky mkarlinsky@lawbulletinmedia.com

Posted March 9, 2020 11:11 AM

The rules for refiling a voluntarily dismissed complaint don’t allow for filing under the original case number, a state appeals panel ruled Thursday in response to a certified question.The 1st District Appellate Court ruled that the language in Section 2-1009 of the Code of Civil Procedure require a plaintiff refiling a case after a voluntary dismissal to file it under a new case number.In the case of plaintiff Stanley Eighner, who sued defendant Patricia Tiernan in 2014 alleging injuries in a November 2012 car crash …

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