WADE v. BYLES

No. 1-97-2009.

692 N.E.2d 750 (1998)

295 Ill. App.3d 545

229 Ill.Dec. 761

Melvin WADE, Plaintiff-Appellant, v. Oscar L. BYLES, and the T-Force Security Co., Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 5, 1998.


Attorney(s) appearing for the Case

Kevin B. Rogers, Chicago, for Plaintiff-Appellant.

Stellato & Schwartz, Ltd., Chicago (Esther Joy Schwartz, David S. Wayne, Donald E. Stellato, of counsel), for Defendants-Appellees.


Justice WOLFSON delivered the opinion of the court:

Section 13-217 of the Civil Practice Act provides that a cause of action which is dismissed by a United States district court judge for lack of jurisdiction must be refiled within one year from the date of dismissal. See 735 ILCS 5/13-217 (West 1992 & Supp. 1997). The statute contains no tolling provision for the time the dismissal is being appealed. The issue here is whether the statute means what it says.<...

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