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Appellate Law

: Illinois Appellate Lawyer Blog

Dismissal For Want Of Prosecution Appealable After Time For Refiling Expires

By Steven R. Merican

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The First District Illinois Appellate Court recently stated the rule for when a dismissal for want of prosecution becomes final and appealable.

Our supreme court has recognized that if a plaintiff's action is dismissed for want of prosecution (DWP), the plaintiff has the option, under section 13-217 of the Code of Civil Procedure, to refile the action within one year of the entry of the DWP order or within the remaining period of limitations, whichever is greater ? A DWP becomes a final order only when the section 13-217 period for refiling the action expires ? Accordingly, a DWP remains an unappealable interlocutory order until plaintiff's option to refile expires.

The whole case, Jackson v. Hooker, No. 1-08-3042, (1/29/10), is here for the clicking.

Full post as published by Illinois Appellate Lawyer Blog on May 13, 2010 (boomark / email).

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