SCHMITT v. MOTOROLA, INC.

No. 87-289.

160 Ill. App.3d 1059 (1987)

513 N.E.2d 1069

JOSEPH SCHMITT et al., Plaintiffs-Appellants, v. MOTOROLA, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 9, 1987.


Attorney(s) appearing for the Case

Carr & O'Rourke Associates, of Chicago, for appellants.

Smith & Tamillow and French, Rogers, Kezelis & Kominiarek, P.C., both of Chicago (Terry Norbert Tamillow, Aligimantas Kezelis, and Russell P. Veldenz, of counsel), for appellees.


Affirmed in part and reversed in part.

PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs Joseph Schmitt and Anthony Carlin appeal from the trial court's denial of their motion for voluntary dismissal and the granting of defendants' motion for summary judgment. On appeal, plaintiffs claim that they have an absolute right to a voluntary dismissal without prejudice prior to trial or hearing pursuant to section 2-1009(a) of the Code of...

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