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MARTINEZ v. ERICKSON

Nos. 65595, 65596 cons.

127 Ill.2d 112 (1989)

535 N.E.2d 853

LORENZO MARTINEZ, Appellee, v. JOHN R. ERICKSON, M.D., et al., Appellants. — LORENZO MARTINEZ, Appellee, v. BAKKIAM SUBBIAH, M.D., Appellant.

Supreme Court of Illinois.

Rehearing denied April 3, 1989.

Attorney(s) appearing for the Case

Linda E. Frischmeyer, Robert T. Park and Stuart R. Lefstein, of Katz, McAndrews, Balch, Lefstein & Fieweger, P.C., of Rock Island, for appellants John R. Erickson et al.

Ole Bly Pace III, of Ward, Murray, Pace & Johnson, P.C., of Sterling, for appellant Bakkiam Subbiah, M.D.

Louis Hilfman, of Chicago, for appellee.

Judgments reversed; causes remanded.

JUSTICE MILLER delivered the opinion of the court:

Resolution of the question common to these consolidated appeals requires that we revisit our recent decisions on the interplay of Supreme Court Rule 103(b) and section 13-217 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 13-217).

On October 24, 1980, the plaintiff, Lorenzo Martinez, brought an action in the circuit court of Cook County against...

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