Keilholz v. Chicago & North Western Railway Co.

Mr. PRESIDING JUSTICE STAMOS

dissenting:

Two issues are raised in this appeal: (1) Whether Judge Canel’s original order of dismissal operated as res judicata upon the complaint at bar; and (2) Whether the complaint was barred by the Statute of Limitations. It must be emphasized that these two issues are separate and distinct and that different statutes, Supreme Court Rules and case law pertain to each respectively. To illustrate, although Supreme Court Rule 273 is tire focal point for determining tire res judicata issue, it has no bearing on the Statute of Limitations issue. Similarly, the…