National Underground Construction Co. v. E.A. Cox Co.

Plaintiff National Underground Construction Co. (National) appeals from the trial court’s order denying its motion to reinstate this cause pursuant to Supreme Court Rule 369(c). (134 Ill. 2d R. 369(c).) The motion was filed 23 months after our mandate issued reversing summary judgment in favor of defendant E.A. Cox Company (E.A. Cox) and remanding the cause. (See National Underground Construction Co. v. E.A. Cox Co. (1991), 216 Ill. App. 3d 130, 576 N.E.2d 283 (National I).) We affirm.

On November 21, 1986, National sought a declaratory judgment against E.A. Cox, alleging unpaid extra work…