Timberlake v. Illini Hospital

The issue before this court is whether section 13— 217 of the Code of Civil Procedure (735 ILCS 5/13 — 217 (West 1994)) permits plaintiff to refile her state law claims in state court within the applicable limitations period after she has already taken a voluntary dismissal without prejudice pursuant to section 2 — 1009 of the Code of Civil Procedure (735 ILCS 5/2 — 1009 (West 1994)) and made an unsuccessful attempt to pursue her claims in federal district court, which declined to exercise supplemental jurisdiction. The circuit court held that section 13 — 217 did not permit plaintiff to…