Dubina v. Mesirow Realty Development, Inc.

The issue presented in this appeal is whether defendant Litgen Concrete Cutting & Coring Company (Lit-gen) may appeal certain final orders entered in a suit that was voluntarily dismissed where the action was later refiled in the circuit court. The appellate court held that, because the suit was refiled by plaintiffs, it lost jurisdiction to entertain Litgen’s appeal. 283 Ill. App. 3d 36. This court allowed Litgen’s petition for leave to appeal (155 Ill. 2d R. 315), and the Illinois Appellate Lawyers Association filed a brief as amicus curiae in support of Litgen. We reverse and remand to the…