Kelch v. Watson

Defendants appeal the denial of their motions to dismiss plaintiff’s complaint. We granted leave to appeal pursuant to Supreme Court Rule 308 (134 Ill. 2d R. 308) to consider the following question:

“Where a plaintiff stipulates, even though inadvertently, pursuant to [Ill. Rev. Stat. 1989,] ch. 110, par. 2—1009, to dismiss her action and the order based upon said stipulation is entered, does the court have jurisdiction, upon motion made within thirty days and pursuant to stipulation of the parties, to thereafter vacate the order of dismissal and reinstate said action; and if so, can plaintiff…