Appellate Law

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

By Steven R. Merican

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).