Kilpatrick v. First Church of the Nazarene

Plaintiffs Feme Kilpatrick and Raymond Kilpatrick moved for a voluntary dismissal under the authority of section 2—1009 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1985, ch. 110, par. 2—1009). The motion followed the granting of a mistrial attributed to the conduct of plaintiffs’ attorney and also following the denial of a motion for change of trial judge. The motion was granted over defendant’s objections. Defendant appeals.

This case has a history of conflict. The first trial was commenced in November 1986 with the selection of four jurors. The second trial in 1987, which resulted…