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DUBINA v. MESIROW REALTY DEVELOPMENT, INC.

No. 81860.

687 N.E.2d 871 (1997)

178 Ill.2d 496

227 Ill.Dec. 389

Michael DUBINA et al. v. MESIROW REALTY DEVELOPMENT, INC., et al. (Mesirow Realty Development, Inc., et al., Appellees; Litgen Concrete Cutting & Coring Company, Appellant).

Supreme Court of Illinois.

Rehearing Denied December 1, 1997.

Attorney(s) appearing for the Case

Nancy J. Arnold, Kralovec & Marquard, Chartered, Chicago, for Litgen Concrete Cutting & Coring Company.

Robert Marc Chemers, Scott L. Howie, Pretzel & Stouffer, Chartered, Chicago, for CCL of Chicago and Creative Construction, Ltd.

Stephen T. Mikus, Menges, Mikus & Molzahn, Chicago, for Mesirow Realty Development, Mesirow Realty Management, American National Bank & Trust Co. of Chicago, Superior Street Redevelopment Limited Partnership, Fireman's Fund Insurance Companies.

Stephen A. Rehfeldt, Wylie, Mulherin, Rehfeldt & Varchetto, P.C., Wheaton, for K&S Automatic Sprinklers, Inc.

Michael W. Rathsack, Chicago, for Amicus Curiae Illinois Appellate Lawyers Association.

Justice NICKELS delivered the opinion of the court:

The issue presented in this appeal is whether defendant Litgen Concrete Cutting & Coring Company (Litgen) may appeal certain final orders entered in a suit that was voluntarily dismissed where the action was later refiled in the circuit court. The appellate court held that, because the suit was refiled by plaintiffs, it lost jurisdiction to entertain Litgen's appeal. 283 Ill.App.3d 36

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