Maria A. Gilbert and Rosita C. Gilbert v. Braniff International Corporation
Court of Appeals for the Seventh Circuit
1DissentPell, Circuit Judge
I fully agree with the majority that this case must be dismissed under principles of res judicata if the July 14, 1975, order of the Circuit Court of Cook County was or became a final order. Because I believe that plaintiffs’ failure to amend their state court complaint within the 28 days granted by the order, or to seek leave to amend within the nearly three years that have since transpired, made the order a final one, I respectfully dissent.
Illinois Supreme Court Rule 273 does, of course, make it clear that an involuntary dismissal of an action on any ground other than the three specified…
2Cases cited7 opinions
- Brainerd v. First Lake County National BankAppellate Court of Illinois · 1971
- Gray v. StarkeyAppellate Court of Illinois · 1976
- Bates v. UlrichAppellate Court of Illinois · 1976
- Campbell v. HarrisonAppellate Court of Illinois · 1973
- Maple Investment & Development Corp. v. SkoreAppellate Court of Illinois · 1976
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