Stephens v. Taylor

We are asked to determine whether a party who was denied leave to appeal from a petition filed pursuant to Supreme Court Rule 306(a)(1) (166 Ill. 2d R. 306(a)(1)) after a new trial was granted is foreclosed from raising the same issues in a subsequent appeal. We hold that if the merits of the first petition were not addressed by the appellate court, then those issues are not foreclosed in a later appeal.

FACTS

In November of 1998, plaintiff Agnes Stephens filed an action against the Moline Housing Authority and Steven Taylor (collectively, the Housing Authority) for malicious prosecution and…