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10 Illinois opinions name it 2 courts 1994–2026 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.
| Case | Followed | Cited |
|---|---|---|
Morrison v. Wagnergreen2 sentences2022Morrison, 191 Ill. 2d at 165 (explaining that “where a previously-filed defense motion could result in a final disposition of the cause of action * * * the court has the discretion to hear and decide that motion before ruling on the plaintiff’s motion for voluntary dismissal.”); Gibellina v. Handley, 127 Ill. 2d 122, 138 (1989) (“the trial court may hear and decide a motion which has been filed prior to a section 2-1009 when that motion, if favorably ruled on by the court, could result in a final disposition of the case.”). 2022If those threshold requirements are met, the right to dismissal under section 2-1009(a) is “subject to two qualifications,” as follows: “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. [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 preced | 4 | 7 |
Gibellina v. Handleygreen2 sentences2022Morrison, 191 Ill. 2d at 165 (explaining that “where a previously-filed defense motion could result in a final disposition of the cause of action * * * the court has the discretion to hear and decide that motion before ruling on the plaintiff’s motion for voluntary dismissal.”); Gibellina v. Handley, 127 Ill. 2d 122, 138 (1989) (“the trial court may hear and decide a motion which has been filed prior to a section 2-1009 when that motion, if favorably ruled on by the court, could result in a final disposition of the case.”). 1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req | 1 | 2 |
Porter v. Decatur Memorial Hospitalgreen1 sentence2010Porter v. Decatur Memorial Hospital, 227 Ill. 2d 343, 353 (2008). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mizell v. Passo
green
2 sentences1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req 1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req | 2 | 1994–1994 |
Bochantin v. Petroff
green
2 sentences1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req 1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req | 2 | 1994–1994 |
Galowich v. Beech Aircraft Corp.
green
2 sentences1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req 1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req | 2 | 1994–1994 |
O'CONNELL v. St. Francis Hospital
green
2 sentences1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req 1994(See Gibellina, 127 Ill. 2d 122 , 535 N.E.2d 858 (court granted discretion to hear a previously filed, potentially dispositive defense motion); O’Connell, 112 Ill. 2d 273 , 492 N.E.2d 1322 (lack of diligence in service of process on defendants); Bochantin v. Petroff (1991), 145 Ill. 2d 1 , 582 N.E.2d 114 (Bochantin) (refusal to extend Gibellina to require the circuit court to hear a previously filed defense motion notwithstanding a history of procedural and discovery abuses by plaintiff); Mizell v. Passo (1992), 147 Ill. 2d 420 , 590 N.E.2d 449 (plaintiff’s delay in obtaining a certificate req | 1 | 1994–1994 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.