Smith v. Menold Construction, Inc.

In December 2002, plaintiff, Randell L.D. Smith, filed a five-count complaint against defendant, Menold Construction, Inc., doing business as Menold Restoration. Defendant did not receive service of process until June 2003. In July 2003, defendant filed a motion to dismiss, asserting, inter alia, plaintiffs complaint should be dismissed pursuant to Supreme Court Rule 103(b) (177 Ill. 2d R. 103(b)) because plaintiff failed to exercise due diligence to obtain service on defendant. After a hearing on defendant’s motion, the trial court granted the motion and dismissed the action with prejudice…