Kiven v. Mercedes-Benz of North America, Inc.

In this personal injury action defendant Chicago and North Western Transportation Company filed a motion to dismiss with prejudice pursuant to Supreme Court Rule 103(b) (87 Ill. 2d R. 103(b)) because of plaintiff’s failure to exercise due diligence in obtaining service of process after the statute of limitations had run. Plaintiff then filed a motion for voluntary dismissal. (Ill. Rev. Stat. 1983, ch. 110, par. 2— 1009.) The trial court granted plaintiff’s motion and denied defendant’s motion. On appeal, defendant raises three issues: (1) whether an appeal may be taken from the granting of…