Kendle v. Village of Downers Grove

Plaintiffs, James R. and Lois M. Kendle, appeal from the trial court’s judgment denying their motion for voluntary dismissal pursuant to section 2 — 1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110. par. 2—1009) and dismissing their cause' of action with prejudice.

Plaintiffs raise the following issues on appeal: (1) whether the trial court erred in denying their motion because they had an absolute right to a voluntary dismissal under section 2 — 1009; (2) whether the trial court erred in ordering, on its own motion, an evidentiary hearing to determine if there would be any…