Clyde Savings & Loan Ass'n v. May Department Stores

This appeal arises solely on the pleadings. Defendant, Ernest Oechslin, Jr. (Oechslin), contends that, after he had filed a counterclaim and without his consent, the trial court in violation of section 52 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 52) granted plaintiff, Clyde Savings & Loan Association (Clyde), leave to “withdraw its complaint.” Clyde maintains that it moved to withdraw its complaint because the action had become moot. For the reasons set forth herein, we conclude that the action was moot and affirm the order of the trial court.

The relevant facts are…