Foxcroft Townhome Owners Ass'n v. Hoffman Rosner Corp.

I concur in the majority’s treatment of count III of the amended complaint, but I dissent from the majority’s decision that the plaintiffs waived any right to appeal the trial court’s dismissal of portions of the original complaint. The rules of waiver are based primarily on a theory of abandonment. As the majority notes, in many cases a party manifests an intention to abandon a claim by filing an amended pleading which makes no reference to a claim dismissed from an earlier pleading. (Bowman v. County of Lake (1963), 29 Ill. 2d 268, 272.) But pleading over is not a waiver when the plaintiffs…