Elders v. Sears Roebuck & Co.

This action was dismissed for failure to comply with a court order relating to discovery. However, pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72), the dismissal order was modified to provide that the dismissal was for want of prosecution, thereby purportedly permitting plaintiff to refile the action under section 24 of the Limitations Act. (Ill. Rev. Stat. 1977, ch. 83, par. 24a.) Defendant has appealed, contending the trial court erred in granting any relief from the dismissal.

On May 1,1974, plaintiff, Flash Delivery Systems, Inc., filed an action…