Mermelstein v. Rothner

This appeal calls upon us to clarify the interaction of two sections of the Limitations Act (the Act) (735 ILCS 5/13 — 101 et seq. (West 2002)). Following protracted litigation between the parties, the trial court granted a directed verdict in favor of defendant Preferred Enteral Systems, Inc. (Preferred). At that point, Preferred voluntarily dismissed its counterclaim against plaintiff, Marvin Mermelstein. Plaintiff appealed, and this court reversed and remanded the matter to the trial court. See Mermelstein v. Rothner, No. 1 — 99—2657 (September 28, 2001) (unpublished order under Supreme…