Ayala v. Goad

Plaintiff, Jeremías N. Ayala, appeals from an order which dismissed his complaint against defendants, Robert L. Goad and Northern Illinois Gas Company, as an action which was not commenced within the time limited by law. (Ill. Rev. Stat. 1987, ch. 110, par. 2— 619(a)(5).) Plaintiff contends that his complaint was in fact timely filed in the circuit clerk’s office, and that it was thereafter improperly refiled by the circuit clerk at a time beyond the two-year statute of limitations for personal injury cases, and that the trial court abused its discretion in denying a rehearing. We reverse and…