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KINCAID v. SMITH

No. 1-92-4331.

625 N.E.2d 750 (1993)

252 Ill. App.3d 618

192 Ill.Dec. 595

Shirley KINCAID, Plaintiff-Appellee, v. Jerald W. SMITH, Defendant-Appellant (Ames Department Stores, Inc., d/b/a Zayre Illinois Corporation, and Santos Cruz, Defendants).

Appellate Court of Illinois, First District, Fifth Division.

August 20, 1993.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug, Chicago (James P. DeNardo, Richard J. Rettberg, Christine L. Olson, Terry M. Lachcik, of counsel), for appellant, Jerald W. Smith.

Lonny Ben Ogus, Chicago, for appellee, Shirley Kincaid.

Justice MURRAY delivered the opinion of the court:

After the trial court denied defendant Jerald W. Smith's (Smith) motion to dismiss the action against him pursuant to Supreme Court Rule 103(b) (Ill.Rev.Stat.1991, ch. 110A, par. 103(b)), Smith applied to this court for leave to bring a permissive interlocutory appeal pursuant to Supreme Court Rule 308. (Ill.Rev.Stat.1991, ch. 110A, par. 308.) On December 4, 1992, the trial court certified a question for review and...

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