Lubowsky v. Skokie Valley Community Hospital

The salient issue in this appeal is whether an order entered on April 26, 1976, dismissing “with prejudice” certain defendants from a suit for alleged medical negligence, which order was based upon “e ° ° oral motion and by agreement * ° *” of the parties, should have been vacated upon a petition pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72). On July 26, 1978, the trial court vacated the 1976 order above described and reinstated one of the previously dismissed defendants as a party to the lawsuit. For the reasons which follow, we affirm.

Plaintiff…