RESURGENCE FINANCIAL, LLC v. Kelly

Joan Kelly (Kelly) appeals the trial court’s denial of her motion for attorney fees under section 1(b) of the Credit Card Liability Act (815 ILCS 145/1 (b) (West 2004)). That section allows a defendant to recover fees when a judgment is issued in his or her favor. The trial court allowed the plaintiff, Resurgence Financial, LLC, to withdraw its complaint without prejudice, and the parties agree that Resurgence can still refile the action. On appeal, Kelly argues that the initial complaint lacked a factual and legal basis, entitling her to fees under section 1(b). We dismiss the appeal.

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