No. 5-90-0031.

569 N.E.2d 304 (1991)

210 Ill. App.3d 889

155 Ill.Dec. 304

FIRST ROBINSON SAVINGS & LOAN, an Illinois Corporation, Plaintiff-Appellee, v. LEDO CONSTRUCTION COMPANY, INC., a Corporation; Frank W. Battershell; and Lena Mae Battershell, Defendants and Third-Party Plaintiffs-Appellants, (John Battershell, d/b/a Battershell & Associates Architects, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

March 25, 1991.

Attorney(s) appearing for the Case

Massey, Anderson & Gibson, Paris (Richard L. James, of counsel), for plaintiffs-appellants.

D. Cameron Dobbins of Dobbins, Fraker, Tennant, Joy & Perlstein, P.C., Champaign, for third-party defendant-appellee.

Justice HOWERTON delivered the opinion of the court:

The issue in this case is whether defendant, Ledo Construction Company, Inc., properly filed its "counterclaim" against third-party defendant so that it relates back to a previously filed third-party complaint, thereby avoiding the statute of limitations.

We hold that defendant did not properly file its counterclaim, because it was filed ex parte and without leave of court first having been obtained...

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