Stephens v. Taylor

JUSTICE FREEMAN,

specially concurring:

The court today states that “[ajlthough the appellate court and the parties frame the issue in this case as one involving the preclusive effect of a denial of a Rule 306(a)(1) petition for leave to appeal, under the facts and circumstances of this case, this issue is not dispositive.” 207 Ill. 2d at 222. The court then proceeds to identify what it believes to be the dispositive issue in this case— the fact that plaintiff asked for a new trial and, having received one, should not now be heard to complain. 207 Ill. 2d at 222. Although I do not disagree with…