Morrison v. Wagner, 729 N.E.2d 486 (Ill. 2000). · Go Syfert
Morrison v. Wagner, 729 N.E.2d 486 (Ill. 2000). Cases Citing This Book View Copy Cite
145 citation events (144 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Marriage of Schoen
Ill. App. Ct. · 2026 · confidence medium
This “confers on plaintiffs an unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, ‘at any time before trial or hearing begins.’” Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000) (quoting 735 ILCS 5/2-1009(a) (West 2024)).
discussed Cited as authority (rule) Skotnicki v. Root (2×)
Ill. App. Ct. · 2026 · confidence medium
To preclude the trial court from enforcing any restrictions on plaintiff’s witnesses’ testimony based on plaintiff’s disclosures in the prior litigation would permit plaintiff to use her voluntary dismissal “as an artifice for evading discovery - 20 - 1-24-1277) 1-24-2213) Cons. requirements.” Morrison v. Wagner, 191 Ill. 2d 162, 166 (2000).
discussed Cited as authority (rule) iPromo, LLC v. Molak
Ill. App. Ct. · 2026 · confidence medium
App. 3d at 109 (“Rule 219(e) is intended to prevent voluntary dismissals from being used as an artifice for evading discovery requirements by[,] *** upon refiling, requiring the court hearing the refiled action to consider the previous litigation and any discovery determinations the court made during that litigation.” (Internal citation omitted.)); Morrison v. Wagner, 191 Ill. 2d 162, 167 (2000) (“Rule 219(e) discourages the abuse of voluntary dismissals by attaching additional adverse consequences later, when the party who obtained the dismissal seeks to refile.
discussed Cited as authority (rule) Garcia v. Sanchez-Lopez
Ill. App. Ct. · 2025 · confidence medium
See 735 ILCS 5/2-1009 (West 2018); Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000) (section 2-1009 “confers on plaintiffs an unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, ‘at any time before trial or hearing begins’ ”). ¶5 When he refiled the complaint May 1, 2019, Garcia named only Sanchez-Lopez.
examined Cited as authority (rule) Nieukirk v. OSF Healthcare System (3×) also: Cited "see"
Ill. App. Ct. · 2025 · confidence medium
That section generally “confers on plaintiffs an unfettered right to voluntarily dismiss their claims without prejudice.” Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000). ¶ 42 Illinois Supreme Court Rule 219 (eff.
discussed Cited as authority (rule) Eisterhold v. Gizewski
Ill. App. Ct. · 2022 · confidence medium
Second, “where the circumstances of the case are such that dismissal under section 2-1009 would directly conflict with a specific [supreme court rule], the terms of the rule take precedence.” Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000). - 12 - Nos. 1-21-0490 & 1-21-0788 (cons.) ¶ 29 Here, there were no pending dispositive motions when Candice filed her motion to voluntarily dismiss her motion seeking a withholding order, and there is nothing to suggest that granting the motion would have conflicted with a supreme court rule.
discussed Cited as authority (rule) Eisterhold v. Gizewski
Ill. App. Ct. · 2022 · confidence medium
Second, “where the circumstances of the case are such that dismissal under section 2-1009 would directly conflict with a specific [supreme court rule], the terms of the rule take precedence.” Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000). ¶ 30 Here, there were no pending dispositive motions when Candice filed her motion to voluntarily dismiss her motion seeking a withholding order, and there is nothing to suggest that granting the motion would have conflicted with a supreme court rule.
discussed Cited as authority (rule) TEE AND GEE UNDERWRITING MANAGERS, LP v. AMERICAN MILLENNIUM INSURANCE CO. (L-0817-21, SOMERSET COUNTY AND STATEWIDE) (2×) also: Cited "see"
N.J. Super. Ct. App. Div. · 2022 · confidence medium
Tee and Gee points to Morrison v. Wagner, 729 N.E.2d 486, 488 (Ill. 2000), where it was held that under 735 ILCS 5/2-1009––with two inapplicable exceptions––plaintiffs have "unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, 'at any time before the trial or hearing begins.'"1 Thus, Tee and Gee asserts Illinois law was misapplied by the trial court, leading it to erroneously affirm the arbitration award. 1 The exceptions are: (1) "where a previously-filed defense motion could result in a final disposition of the cause of acti…
examined Cited as authority (rule) Wilmington Savings Fund Society FSB v. Schrader (4×) also: Cited "see"
Ill. App. Ct. · 2022 · confidence medium
As explained below, we find these contentions without merit. ¶ 86 Section 2-1009 of the Code provides: “(a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party’s attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause. (b) The court may hear and decide a motion that has been filed prior to a motion filed under subsection (a) of this Section when - 26 - No. 1-21-0372 that prior filed motion, if favorably ruled on by the cour…
discussed Cited as authority (rule) Boehle v. OSF Healthcare System
Ill. App. Ct. · 2018 · confidence medium
Nightshift -7- defendants cite our supreme court’s statement that, “[i]nstead of limiting a party’s right to voluntarily dismiss his claims without prejudice prior to trial, Rule 219(e) prevents voluntary dismissals from being used as an artifice for evading discovery requirements” (Morrison v. Wagner, 191 Ill. 2d 162, 166 (2000)) and its statement that a plaintiff “cannot use the voluntary dismissal and refiling provisions to accomplish in the [refiled] suit what she was precluded from doing in the [original] suit” (Bowman, 2015 IL 119000, ¶ 25 ). ¶ 25 Nightshift defendants furt…
cited Cited as authority (rule) Jones v. CHICAGO CYCLE CENTER
Ill. App. Ct. · 2009 · confidence medium
Morrison v. Wagner, 191 Ill. 2d 162, 165 , 729 N.E.2d 486, 488 (2000); 735 ILCS 5/2 — 1009(a) (West 2006) 2 .
cited Cited as authority (rule) Quigg v. Walgreen Company
Ill. App. Ct. · 2009 · confidence medium
Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000).
cited Cited as authority (rule) Quigg v. Walgreen Co.
Ill. App. Ct. · 2009 · confidence medium
Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000).
discussed Cited as authority (rule) Smith v. Central Illinois Regional Airport
Ill. · 2003 · confidence medium
This court has made clear that a plaintiff’s right to a voluntary dismissal carries with it two important qualifications: “First, where a previously filed defense motion could result in a final disposition of the cause of action if ruled favorably by the court, the court has the discretion to hear and decide that motion before ruling on the plaintiffs motion for voluntary dismissal. [Citation.] Second, where the circumstances of the case are such that dismissal under section 2 — 1009 would directly conflict with a specific rule of this court, the terms of the rule take precedence.” Mor…
discussed Cited as authority (rule) Smith v. Central Illinois Regional Airport
Ill. · 2003 · confidence medium
This court has made clear that a plaintiff’s right to a voluntary dismissal carries with it two important qualifications: “First, where a previously filed defense motion could result in a final disposition of the cause of action if ruled favorably by the court, the court has the discretion to hear and decide that motion before ruling on the plaintiff’s motion for voluntary dismissal. [Citation.] Second, where the circumstances of the case are such that dismissal under section 2–1009 would directly conflict with a specific rule of this court, the terms of the rule take precedence.” Mo…
discussed Cited as authority (rule) Smith v. Central Illinois Regional Airport (2×)
Ill. App. Ct. · 2003 · confidence medium
That provision is subject to two qualifications: (1) when a previously filed defense motion could result in a final disposition of the cause of action if ruled upon favorably by the trial court, the court may hear and decide that motion before ruling on the plaintiff's motion for voluntary dismissal (735 ILCS 5/2-1009(b) (West 2000)); and (2) when the circumstances of the case are such that dismissal under section 2-1009 would directly conflict with a supreme court rule, the rule takes precedence ( Morrison v. Wagner , 191 Ill. 2d 162, 165 , 729 N.E.2d 486, 488 (2000)).
discussed Cited as authority (rule) Zuniga v. Dwyer
Ill. App. Ct. · 2001 · confidence medium
Section 2-1009(a) of the Code gives plaintiffs "an unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, 'at any time before trial or hearing begins.'" Morrison v. Wagner , 191 Ill. 2d 162, 165 (2000), quoting 735 ILCS 5/2-1009(a) (West 1998).
discussed Cited as authority (rule) Zuniga v. Dwyer
Ill. App. Ct. · 2001 · confidence medium
Co., 247 Md. 95, 109 , 231 A.2d 514, 522 (1967) (the danger of duplicative awards is minimized if the consortium and injury actions are regarded as a single right of action, to which both husband and wife are parties, in which only a single, joint verdict is allowed); Thill v. Modern Erecting Co., 284 Minn. 508, 514 , 170 N.W.2d 865, 869 (1969) (to guard against double recovery, a wife shall have her loss of consortium action only if it is joined for trial with the husband’s own action for his injury against the same defendant). •5 Section 2—1009(a) of the Code gives plaintiffs “an unf…
discussed Cited "see" Anderson v. Greif Packaging, LLC
Ill. App. Ct. · 2026 · signal: see · confidence high
See Morrison v. Wagner, 191 Ill. 2d 162, 166-67 (2000) (expense shifting is one of two mechanisms in paragraph (e) preventing voluntary dismissals “from being used as an artifice for evading discovery requirements”).
cited Cited "see" Richter v. Prairie Farms Dairy
Ill. · 2016 · signal: see · confidence high
See Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000).
cited Cited "see" Richter v. Prairie Farms Dairy
Ill. · 2016 · signal: see · confidence high
See Morrison v. Wagner, 191 Ill. 2d 162, 165 (2000).
Retrieving the full opinion text from the archive…
RONALD MORRISON Et Al., Appellees,
v.
C.G. WAGNER Et Al. (C.G. Wagner, Appellant)
88014.
Illinois Supreme Court.
Apr 20, 2000.
729 N.E.2d 486
Jonathan H. Barnard, of Quincy, for appellant., Rocco A. Marrese, of Edwardsville, for appellees.
Harrison.
Cited by 29 opinions  |  Published
CHIEF JUSTICE HARRISON

delivered the opinion of the court:

The issue in this case is whether Supreme Court Rule 219(e) (166 Ill. 2d R. 219(e)) confers on circuit courts the authority to deny pretrial motions for voluntary dismissal filed under section 2 — 1009(a) of the Code of Civil Procedure (735 ILCS 5/2 — 1009(a) (West 1998)). With one justice dissenting, the appellate court ruled that it did not. 305 Ill. App. 3d 885. We granted the petition for leave to appeal. 177 Ill. 2d R. 315. For the reasons that follow, we now affirm the appellate court’s judgment.

The litigation which gave rise to this appeal involves a medical malpractice action brought by plaintiff Ronald Morrison against defendants C.G. Wagner, a radiologist; Michael Feely, a neurosurgeon; and St. Mary’s Hospital. Loss of consortium claims were also brought against those defendants by Morrison’s wife. Prior to trial, the Morrisons filed a motion to voluntarily dismiss their case without prejudice pursuant to section 2 — 1009(a) of the Code of Civil Procedure. That statute provides, in part:

“(a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party’s attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.” 735 ILCS 5/2 — 1009(a) (West 1998).

St. Mary’s Hospital and Dr. Feely objected to the motion on the grounds that the Morrisons had not tendered payment for costs to the defendants. The Morrisons thereupon filed an amended motion alleging that they had tendered payment for costs. Once this amendment was made, none of the defendants objected to the Morrisons’ request for a voluntary dismissal.

Despite the absence of an objection, the circuit court denied the Morrisons’ motion. It based its decision on Supreme Court Rule 219(e) (166 Ill. 2d R. 219(e)), which provides that

“A party shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit. In establishing discovery deadlines and ruling on permissible discovery and testimony, the court shall consider discovery undertaken (or the absence of same), any misconduct, and orders entered in prior litigation involving a party. The court may, in addition to the assessment of costs, require the party voluntarily dismissing a claim to pay an opposing party or parties reasonable expenses incurred in defending the action including but not limited to discovery expenses, opinion witness fees, reproduction costs, travel expenses, postage, and phone charges.”

After the motion to dismiss was denied, St. Mary’s Hospital settled with the Morrisons and was dismissed from the case. The matter then proceeded to trial against Dr. Feely and Dr. Wagner. A mistrial was declared as to Feely, but the jury returned a verdict against the Morrisons on their claims against Wagner. The circuit court entered judgment on that verdict.

The Morrisons moved for judgment notwithstanding the verdict or for a new trial. When those motions proved unsuccessful, they appealed. On review, the appellate court concluded that Supreme Court Rule 219(e) could not be construed as conferring on trial courts the discretion to deny an otherwise proper motion for voluntary dismissal under section 2 — 1009(a) of the Code of Civil Procedure. Accordingly, the appellate court ruled that the circuit court should not have denied the Morrisons’ motion for voluntary dismissal. It vacated the circuit court’s judgment in favor of Wagner and against the Morrisons and remanded the cause to the trial court with directions to conduct a hearing on the amount of costs the Morrisons were required to pay under section 2 — 1009(a) to secure the dismissal they sought. 305 Ill. App. 3d at 890-91.

In reviewing the lower courts’ judgments, we begin by noting that section 2 — 1009(a) of the Code of Civil Procedure, by its terms, confers on plaintiffs an unfettered right to voluntarily dismiss their claims without prejudice, upon proper notice and payment of costs, “at any time before trial or hearing begins.” That provision, however, is subject to two qualifications. First, where a previously filed defense motion could result in a final disposition of the cause of action if ruled upon favorably by the court, the court has the discretion to hear and decide that motion before ruling on the plaintiff’s motion for voluntary dismissal. 735 ILCS 5/2 — 1009(b) (West 1998). Second, where the circumstances of the case are such that dismissal under section 2 — 1009 would directly conflict with a specific rule of this court, the terms of the rule take precedence. Catlett v. Novak, 116 Ill. 2d 63, 69 (1987); O’Connell v. St. Francis Hospital, 112 Ill. 2d 273 (1986).

In the case before us, no potentially dispositive motion was pending at the time plaintiffs moved for voluntary dismissal. Accordingly, the only valid basis for refusing to allow plaintiffs to voluntarily dismiss their action prior to trial under section 2 — 1009 is if such a dismissal would directly conflict with a supreme court rule. No such conflict exists.

As we have indicated, the circuit court premised its ruling on our Rule 219(e), which prohibits a party from avoiding compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit. The court apparently believed the Morrisons had failed to properly respond to certain pretrial discovery matters and were attempting to utilize section 2 — 1009 as a means to evade court-imposed discovery sanctions. Regardless of whether this characterization of the Morrisons’ actions is accurate, and the Morrisons argue that it is not, Rule 219(e) does not sanction the circuit court’s decision.

While Rule 219(e) does provide that parties shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing their lawsuits, the committee comments to the rule make clear that the rule “does not change existing law regarding the right of a party to seek or obtain a voluntary dismissal.” 166 Ill. 2d R. 219, Committee Comments, at cxiv. That right remains unabridged, as the appellate court recognized in this case (305 Ill. App. 3d at 889) and has held elsewhere (see Scattered Corp. v. Midwest Clearing Corp., 299 Ill. App. 3d 653, 660 (1998); Wright v. Desate, Inc., 292 Ill. App. 3d 952, 954 (1997)).

Instead of limiting a party’s right to voluntarily dismiss his claims without prejudice prior to trial, Rule 219(e) prevents voluntary dismissals from being used as an artifice for evading discovery requirements through two entirely different mechanisms. First, the rule enhances the monetary burden associated with such dismissals. Under section 2 — 1009(a) of the Code of Civil Procedure, plaintiffs must pay costs as a condition of taking a voluntary dismissal without prejudice. Rule 219(e), however, provides that in addition to the assessment of costs, the court may require the party seeking dismissal to pay the opposing party or parties their

“reasonable expenses incurred in defending the action including but not limited to discovery expenses, opinion witness fees, reproduction costs, travel expenses, postage, and phone charges.” 166 Ill. 2d R. 219(e).

Second, Rule 219(e) discourages the abuse of voluntary dismissals by attaching additional adverse consequences later, when the party who obtained the dismissal seeks to refile. When a case is refiled, the rule requires the court to consider the prior litigation in determining what discovery will be permitted, and what witnesses and evidence may be barred. 166 Ill. 2d R. 219(e), Committee Comments, at cxiv.

Because Rule 219(e) alters the consequences of taking a voluntary dismissal rather than restricting a party’s right to obtain such a dismissal, the circuit court in this case had no grounds for preventing the Morrisons from voluntarily dismissing their claims and forcing them to proceed to trial. If the Morrisons deserved to be sanctioned under Rule 219(e) for dismissing their case in order to avoid compliance with discovery requirements, the court could have assessed the additional expenses specified by the rule. Any further adverse action could only be taken when and if plaintiffs refiled their claim in a subsequent proceeding. The appellate court was therefore correct in vacating the circuit court’s judgment in favor of defendant Wagner and against the Morrisons and in remanding the cause to the circuit court for further proceedings.

For the foregoing reasons, the judgment of the appellate court is affirmed, the judgment of the circuit court is vacated, and the cause is remanded to the circuit court with directions (1) to grant the Morrisons’ motion for voluntary dismissal upon their payment of costs, and (2) to conduct a hearing as to whether the Morrisons should be required to pay expenses in addition to costs, as authorized by Rule 219(e).

Appellate court judgment affirmed; circuit court judgment vacated; cause remanded with directions.