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WRIGHT v. DESATE, INC.

No. 3-96-1048.

686 N.E.2d 1199 (1997)

292 Ill. App.3d 952

227 Ill.Dec. 43

Kenneth WRIGHT and Mary C. Wright, Plaintiff-Appellees, v. DESATE, INC., et al., Defendants (Sears Roebuck & Company, Defendant-Appellant, Cross-Appellee; Sears Roebuck & Company, Third-Party Plaintiff, v. Signal Delivery Service, Inc., Third-party Defendant).

Appellate Court of Illinois, Third District.

October 30, 1997.

Attorney(s) appearing for the Case

Cory D. Lund, Hinshaw & Culbertson, Joliet, Bruce L. Carmen (argued), Hinshaw & Culbertson, Chicago, for Sears Roebuck & Co.

William T. Surin (argued), Armstrong & Surin, Ottawa, Robert K. Ball, II, Kansas City, MO, for Kenneth Wright, Mary C. Wright.

Justice BRESLIN delivered the opinion of the court:

In this appeal, we are asked to determine whether Supreme Court Rule 219(e) (Official Reports Advance Sheet No. 20 (Sept. 27, 1995), R. 219(e), effective Jan. 1, 1996) limits the plaintiff's right to a voluntary dismissal when the plaintiff voluntarily dismisses a suit to avoid the impact of discovery sanctions. We are also asked to determine whether the written order set forth the reason for the sanction with sufficient...

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