O'REILLY v. Gerber

Mr. PRESIDING JUSTICE ROMITI

delivered the opinion of the court:

The plaintiff has appealed after her suit was dismissed with prejudice for failure to file an amended complaint within the time permitted by the judge’s order. She contends on appeal that the court erred in:(1) denying her motion to dismiss the cause without costs although the motion was filed on the same day as the defendant’s motion to dismiss;(2) dismissing the action with prejudice, the plaintiff contending that a dismissal for want of prosecution must be without prejudice.

We find that the trial court did not err in denying…