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ELDERS v. SEARS ROEBUCK & CO.

No. 79-750.

82 Ill. App.3d 995 (1980)

403 N.E.2d 631

JERRY A. ELDERS et al., Plaintiffs, v. SEARS ROEBUCK & CO., Defendant-Appellant. — (FLASH DELIVERY SYSTEMS, INC., Plaintiff-Appellee; ARMSTRONG RUBBER CO., Defendant.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed March 31, 1980.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, of Chicago (Max E. Wildman and Robert E. Kehoe, Jr., of counsel), for appellant.

George J. Guest, of Chicago (Dalton P. Grief, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE STAMOS delivered the opinion of the court:

This action was dismissed for failure to comply with a court order relating to discovery. However, pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72), the dismissal order was modified to provide that the dismissal was for want of prosecution, thereby purportedly permitting plaintiff to refile the action under section 24 of the Limitations Act. ...

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