Kern v. Peabody Coal Co.

Defendant, Peabody Coal Company, appeals from the order of the circuit court of St. Clair County entered on May 24, 1985, granting plaintiffs’ motion for voluntary dismissal and from a subsequent order on June 19, 1985, denying defendant’s motion to set aside the May 24, 1985, order allowing plaintiffs’ motion for voluntary dismissal. Defendant contends that the trial court erred in granting plaintiffs’ motion for voluntary dismissal of a nonjury case in order to permit plaintiffs to refile and demand a jury. Additionally, defendant contends that allowing plaintiffs to voluntarily dismiss and…