Baley v. Tonti

This appeal arises from an order of the circuit court of Du Page County dismissing with prejudice plaintiffs’ third action against defendants. Plaintiffs brought this action pursuant to section 13 — 217 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 13 — 217) permitting one refiling of an action following a voluntary dismissal or dismissal for want of prosecution. Plaintiffs’ original action was abandoned after an adverse ruling by the trial court in that case, and plaintiffs’ second action was dismissed for want of prosecution. The sole issue on appeal is whether…