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HOWARD v. FRANCIS

Nos. 3-88-0624, 3-89-0546.

562 N.E.2d 599 (1990)

204 Ill. App.3d 722

150 Ill.Dec. 69

Kathleen HOWARD, Individually and as Mother and Next Friend of Joshua Howard, a minor, Plaintiff-Appellant, v. Philomena FRANCIS, M.D., P.A. Edwin, M.D., John B. Roth, Jr., and Morris Hospital, a corporation, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Michael L. Bolos (argued), Michael L. Bolos, Ltd., Shorewood, Andrew B. Boyer (argued), Synder, Jaquays & Washburn, Joliet, for Kathleen Howard and Joshua Howard.

Robert J. Baron, Pamela Davis (argued), Rooks, Pitts & Poust, Joliet, for Philomena Francis, M.D. and P.A. Edwin, M.D.

Diane I. Jennings (argued), Robert B. Austin, Hugh C. Griffin, Lord, Bissell & Brook, Chicago, for John B. Roth, Jr.

Dorothy F. French (argued), French, Kezelis & Kominiarek, P.C., Wheaton, for Morris Hosp.

Presiding Justice HEIPLE delivered the opinion of the court:

These consolidated appeals arise out of a medical malpractice action filed on behalf of the plaintiff-minor, Joshua Howard, for birth-related injuries. The plaintiff appeals from two trial court orders: (1) the trial court's denial of the plaintiff's motion to vacate an order which granted the plaintiff a second voluntary dismissal; and (2) the trial court's dismissal...

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