Wade v. Byles

Section 13 — 217 of the Civil Practice Law provides that a cause of action that is dismissed by a United States District Court judge for lack of jurisdiction must be refiled within one year from the date of dismissal. See 735 ILCS 5/13 — 217 (West 1992 & Supp. 1997). The statute contains no tolling provision for the time the dismissal is being appealed. The issue here is whether the statute means what it says.

In this case, the plaintiff filed a three-count complaint against the defendants on September 28, 1992, in the United States District Court for the Northern District of Illinois. It…