S.C. Vaughan Oil Co. v. Caldwell, Troutt & Alexander

At issue in this appeal is whether a trial court’s order dismissing plaintiffs’ case for want of prosecution constitutes a final and appealable order upon expiration of plaintiffs’ opportunity to refile the case pursuant to section 13 — 217 of the Code of Civil Procedure (735 ILCS 5/13 — 217 (West 1992)). For the reasons that follow, we conclude that upon expiration of the section 13 — 217 period for refiling, the dismissal for want of prosecution constitutes a final and appealable order.

BACKGROUND

On August 4, 1986, plaintiffs, S.C. Vaughan Oil Company and Charles A. Vaughan, filed a…