The Illinois Appellate Court examined this situation and cited precedent where the complaints have been filed and withdrawn without knowledge or permission of client. He filed a motion to reconsider, which was denied, and he took this appeal. Accordingly, the trial court did dismiss Fiorito’s suit. When Fiorito withdrew his suit in 2011 to refile it, the window had already been closed. However, the order that was entered in 2004 referenced §2-1009 of the Illinois Code regarding voluntary dismissals.Īccordingly, the trial court dismissed that case allowing a one-year window that would have began in 2004 for a refiling. The 2010 dismissal was a second voluntary dismissal, not the first.įiorito argued that the previous dismissal was not a voluntary dismissal, but rather a dismissal under Illinois Code of Civil Procedure, §2-619(a)(3), related to duplicative litigation. In this instance, Fiorito, through his second attorney, had voluntarily dismissed his case in 2004. ![]() Fiorito filed within the one-year window, but Bellocchio argued that the one-year window was only for the first time the plaintiff voluntarily dismissed the case. Under Illinois law, a plaintiff may voluntarily dismiss a case without prejudice and is allowed one year to refile it without the statute of limitations expiring. On May 18, 2010, Fiorito voluntarily dismissed his case so that he could alter his complaint and then refile. On March 24, 2004, the second lawyer voluntarily dismissed his lawsuit and decided to go ahead with the original lawsuit filed by the first attorney. The second attorney was unable to determine if the first attorney had filed a lawsuit and so filed a second one on his own in October 2003.ĭuring the course of the proceedings, the second attorney learned about the lawsuit filed by the first attorney. ![]() A year later, Fiorito fired his first lawyer and hired a new one. In August 2003, the attorney for Fiorito filed a complaint against Bellocchio in the Circuit Court of Cook County but never told Fiorito about it. ![]() Fiorito was injured and hired a lawyer to sue Bellocchio. Michael Fiorito and Joseph Bellocchio were involved in a traffic collision on Oct. The Illinois Appellate Court has affirmed a decision made by a Cook County Circuit Court judge regarding a twice-filed injury case.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |