Nashlund v. Sabade

Defendant Sabade (Sabade) appeals from an order under section 72 of the Civil Practice Act. (Ill. Rev. Stat. 1973, ch. 110, par. 72.) The order vacated a previous dismissal of a suit in negligence brought by plaintiffs against defendants. Defendants Chicago Transit Authority and Ross (CTA) support plaintiffs’ contention that the vacation was proper.

The following issues are presented for review: (i) whether the grant of plaintiffs’ petition is appealable; (ii) whether the prior dismissal was by voluntary nonsuit without right to reinstate, so as to deprive the trial court of jurisdiction to…