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HEISE v. MITTEN

No. 2-90-0336.

566 N.E.2d 507 (1991)

207 Ill. App.3d 941

152 Ill.Dec. 820

Karla E. HEISE, Plaintiff-Appellant, v. Daniel J. MITTEN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 25, 1991.

Attorney(s) appearing for the Case

John F. Garrow, Henry J. Burt, Jr., Rathje, Woodward, Dyer & Burt, Wheaton, for Karla E. Heise.

James E. Ryan, DuPage County State's Atty., Barbara A. Preiner, Supervisor of Appeals, DuPage County State's Atty.'s Office, Jane Hird Mittor, Asst. State's Atty., Wheaton, for Daniel J. Mitten.

Justice INGLIS delivered the opinion of the court:

Plaintiff, Karla E. Heise, appeals from an order entered in the circuit court of Du Page County granting the motion of defendant, Daniel J. Mitten, to dismiss plaintiff's action pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Ill.Rev.Stat.1989, ch. 110, par. 2-619(a)(9)). The issue raised on appeal is whether the trial court erred in granting defendant's motion to dismiss based on plaintiff's failure...

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