Van Slambrouck v. Marshall Field & Co.

Mr. PRESIDING JUSTICE ROMITI

delivered the opinion of the court:

The plaintiff, after having voluntarily dismissed with prejudice his claim against one of the defendants in his suit, sought to have the dismissal order vacated. The trial court denied both this motion and a section 72 motion for relief. Subsequently the plaintiff filed a new action against the dismissed defendant; this complaint was also dismissed with prejudice. The plaintiff now appeals from all these orders. We hold:

1. that the trial court properly refused to vacate the order, despite its power to do so under Supreme Court…