Cummings v. Simmons

On July 28, 1987, the circuit court of Morgan County granted plaintiff Karen Cummings’ motion to voluntarily dismiss her complaint pursuant to section 2 — 1009 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1985, eh. 110, par. 2 — 1009). Defendants, Drs. Richmond Simmon's, Robert M. Roy, Jr., and Lemuel G. Villanueva, Jacksonville Ob-Gyn Associates, S.C. (Jacksonville Associates), and Passavant Area Hospital Association in Jacksonville, Illinois (Passavant), appeal the trial court’s order, contending dismissal was improper because trial of the cause had begun. We are asked to decide…