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O'REILLY v. GERBER

No. 80-817.

95 Ill. App.3d 947 (1981)

420 N.E.2d 425

ELSIE O'REILLY, Plaintiff-Appellant, v. SEYMOUR GERBER, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Supplemental opinion filed on denial of rehearing May 14, 1981.

Attorney(s) appearing for the Case

Gordon James Arnett, of Chicago, for appellant.

McKenna, Storer, Rowe, White & Farrug, of Chicago (Robert S. Soderstrom and James P. DeNardo, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

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...

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