ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> Illinois Appellate Lawyer Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: Illinois Appellate Lawyer Blog

Argument Raised For First Time On Motion For Reconsideration Waived For Appeal

By Steven R. Merican

ADVERTISEMENTS

Unhappy with the treat ment she received from her dentist, Jill Caywood sued them for malpractice. The dentist moved to dismiss Jill?s complaint for lack of compliance with the statute of limitations. The trial court granted the dentist?s motion, and Jill moved for reconsideration. In her reconsideration motion, Jill argued for the first time ?that she suffered from mental incapacitation and was unable to appreciate that she had been injured by defendants' wrongful treatment.? The trial court disregarded the argument and denied the motion.

On appeal, Jill claimed it was reversible error for the trial court not to address the argument. The First District Illinois Appellate Court affirmed the dismissal for two reasons: (1) the evidence of Jill?s incapacitation existed, and should have been raised, in defense to the motion to dismiss; (2) ?arguments raised for the first time in a motion for reconsideration in the circuit court are waived on appeal.?

Get the whole case, Caywood v. Gossett, No. 1-06-2458 (4/11/08), by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on August 04, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0135 secs (new cache)