section 13-217 complaint (Illinois) · Go Syfert
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section 13-217 complaint in Illinois

9 Illinois opinions name it 2 courts 2017–2026 2 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Van Meter v. Darien Park Dist.green
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018Van Meter v. Darien Park District , 207 Ill. 2d 359 , 367, 278 Ill.Dec. 555 , 799 N.E.2d 273 (2003).

2018Van Meter v. Darien Park District , 207 Ill. 2d 359 , 367, 278 Ill.Dec. 555 , 799 N.E.2d 273 (2003).

12
Hudson v. City of Chicagogreen
ill · 2008 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See Hudson v. City of Chicago, 228 Ill. 2d 462 , 469 n.1 (2008). 6 1-25-2296 dismissal for want of prosecution, she had one year (or the remaining time until the statute of limitations expired, if greater) to refile her complaint pursuant to section 13-217 of the Code. ¶ 24 We disagree.

11
Edelman, Combs & Latturner v. Hinshaw & Culbertsongreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Specifically, plaintiff argues that the previous dismissal without prejudice pursuant to Rule 103(b) “has the same effect” as a dismissal with prejudice, and therefore, section 13-217 entitles her to refile her complaint up to one year after the Rule 103(b) dismissal for lack of diligent service. ¶ 16 Section 2-619.1 of the Code permits a party to combine a section 2-615 motion to dismiss based upon a plaintiff’s substantially insufficient pleadings with a section 2-619 motion to dismiss 3 1-25-2296 based upon certain defects or defenses. 735 ILCS 5/2-619.1 (West 2024); Edelman, Combs & Lattur

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Bowman v. Ottney green
ill · 2015
2 sentences

2018The plaintiff then “immediately filed a motion for substitution of judge as of right under section 2-1001(a)(2)(ii) of the Code.” Id.

2018The plaintiff then “immediately filed a motion for substitution of judge as of right under section 2-1001(a)(2)(ii) of the Code.” Id.

32017–2018
Case v. Galesburg Cottage Hospital green
ill · 2007
2 sentences

2018Case , 227 Ill. 2d at 210 , 316 Ill.Dec. 693 , 880 N.E.2d 171 .

2018Case , 227 Ill. 2d at 210 , 316 Ill.Dec. 693 , 880 N.E.2d 171 .

22018–2018
Frederickson v. Blumenthal green
illappct · 1995
1 sentence

2026The Committee Comments to this last sentence indicates that it addresses situations where the plaintiff “has refiled a complaint under section 13-217 of the Code *** within one year of the case either being voluntarily dismissed pursuant to section 2-1009 [of the Code] or being dismissed for want of prosecution.” Id., Committee Comments (adopted June 5, 2007). ¶ 21 Section 13-217 of the Code provides in relevant part as follows: “In the actions specified in Article XIII of this Act or any other act *** where the time for commencing an action is limited, if judgment is entered for the plaintiff

12026–2026
Ware v. Best Buy Stores L.P. green
illappct · 2024
1 sentence

2026Ware v. Best Buy Stores, L.P., 2024 IL App (1st) 231326, ¶¶ 4-5 . -2- ¶9 Section 13-217 of the Code of Civil Procedure states that when a plaintiff voluntarily dismisses an action, the plaintiff can commence a new action within one year or within the remaining period of limitations, whichever is greater: “In the actions specified in Article XIII of this Act or any other act or contract where the time for commencing an action is limited, if *** the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, *** then, whether or not the time limitation f

12026–2026

Statutes the citing opinions construe

IL § 735 ILCS 5/13-217 (8) IL § 735 ILCS 5/2-1001 (3) IL § 735 ILCS 5/2-1009 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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