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MEMORIAL MEDICAL CENTER v. MATTHEWS

No. 4-83-0704.

128 Ill. App.3d 820 (1984)

471 N.E.2d 573

MEMORIAL MEDICAL CENTER, Plaintiff-Appellant, v. MELVIN A. MATTHEWS, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed November 13, 1984.

Attorney(s) appearing for the Case

Brown, Hay & Stephens, of Springfield (Robert A. Stuart, Jr., and William F. Trapp, of counsel), for appellant.

Jerry Doyle Miller, of Bowen, Miller & Tungate, of Olney, and John R. Keith, of Holley, Keith & Mehlick, of Springfield, for appellee.

Reversed and remanded.

PRESIDING JUSTICE ALLOY delivered the opinion of the court:

The final issue to be decided in this case is whether the defendant Melvin Matthews waived his right to object to venue in Sangamon County, by not making a timely motion to transfer venue. At issue is the construction of section 2-104(b) of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2-104(b)).

The record discloses that Memorial Medical Center filed...

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