Schmitt v. Motorola, Inc.

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiffs Joseph Schmitt and Anthony Carlin appeal from the trial court’s denial of their motion for voluntary dismissal and the granting of defendants’ motion for summary judgment. On appeal, plaintiffs claim that they have an absolute right to a voluntary dismissal without prejudice prior to trial or hearing pursuant to section 2 — 1009(a) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-1009(a)).

Plaintiffs filed this action on June 15, 1979, against defendants, Motorola Inc. (Motorola), Motorola…