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KELCH v. WATSON

No. 3-92-0037.

604 N.E.2d 971 (1992)

237 Ill. App.3d 875

178 Ill.Dec. 448

Tracy KELCH, Plaintiff-Appellee, v. Louis L. WATSON, M.D., T.V. McGuffin, M.D., and Orthopedic Surgery Group, S.C., a corporation, Defendants-Appellants.

Appellate Court of Illinois, Third District.

November 4, 1992.

Attorney(s) appearing for the Case

Murvel Pretorius, Jr. (argued), David B. Collins, Quinn, Johnston, Henderson & Pretorius, Peoria, for Louis L. Watson and Orthopedic Surgery Group.

Susan H. Brandt (argued), Livingston, Barger, Brandt & Schroeder, Bloomington, for T.V. McGuffin.

Theodore J. Bednarek, Troha, Troha & Bednarek, Joliet, for Tracy Kelch.

Justice McCUSKEY delivered the opinion of the court:

Defendants appeal the denial of their motions to dismiss plaintiff's complaint. We granted leave to appeal pursuant to Supreme Court Rule 308 (134 Ill.2d R. 308) to consider the following question:

"Where a plaintiff stipulates, even though inadvertently, pursuant to [Ill. Rev.Stat.1989,] ch. 110, par. 2-1009, to dismiss her action and the order based upon said stipulation is entered, does the court have...

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