RETREAT v. BELL

No. 4-97-0325.

695 N.E.2d 892 (1998)

296 Ill. App.3d 450

231 Ill.Dec. 119

The RETREAT, a Not-for-Profit Corporation, Plaintiff-Appellant, v. William F. BELL, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided May 15, 1998.


Attorney(s) appearing for the Case

Christopher W. Bohlen (argued), Barmann, Kramer & Bohlen, P.C., Kankakee, for The Retreat.

David M. Jaffe, Jerome C. Shapiro (argued), Kankakee, for William F. Bell.


Justice COOK delivered the opinion of the court:

In this unusual case the trial court dismissed, on the pleadings, a complaint that had been on file for almost seven years, after granting defendant leave to withdraw his answer. During the seven years, discovery had been taken and defendant had filed a motion for summary judgment that had been denied. We reverse and remand with instructions for the trial court (1) to allow plaintiff to amend to seek additional relief...

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