Gibellina v. Handley

At issue in each of these cases is an interpretation of the scope and extent of the right extended to a plaintiff by the voluntary dismissal statute in the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2— 1009). The cases are similar in these respects: In each case the appellant filed a pretrial motion for summary-judgment and in each case the appellee subsequently filed a motion for voluntary dismissal before any decision had been entered on appellants’ motion for summary judgment. Each trial court granted the motion for summary judgment and denied the appellees’…