Miller v. Alexander

Defendant, Ronald Alexander, appeals from the trial court’s order granting plaintiff’s, William Miller’s, motion to dismiss the action without prejudice pursuant to section 2 — 1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1009(a)). Defendant contends on appeal that the trial court abused its discretion when it dismissed the action without prejudice. He asserts that the court should have dismissed the action with prejudice in accordance with his motion to dismiss pursuant to Supreme Court Rule 103(b) (87 Ill. 2d R. 103(b)).

Plaintiff brought this action to…