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BLUTCHER v. EHS TRINITY HOSP.

No. 1-00-2151.

746 N.E.2d 863 (2001)

321 Ill. App.3d 131

254 Ill.Dec. 106

David BLUTCHER, Plaintiff-Appellee, v. EHS TRINITY HOSPITAL, Defendant-Appellant and Third-Party Defendant-Appellee (Roseland Community Hospital, Myung Lee, M.D., Earl Fredricks, M.D., Hugh Russell, M.D., and Subodh Mohindra, M.D., Defendants; Roseland Community Hospital, Third-Party Plaintiff-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

March 29, 2001.

Attorney(s) appearing for the Case

Anderson Bennett & Partners, Chicago (William C. Anderson, III, Diane I. Jennings, of counsel), for Appellant.

Joan S. Callan, Ryan M. Henderson, Cozen & O'Connor, Chicago, for Appellee Roseland Community Hospital.

Thomas L. O'Carroll, John G. Phillips & Associates, Chicago, for Appellee David Blutcher.

Justice SOUTH delivered the opinion of the court:

This appeal arises from an order of the circuit court granting plaintiff's petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1998)) and vacating dismissals pursuant to a prior settlement agreement. The issues raised on appeal are (1) whether the trial court abused its discretion in granting plaintiff's section 2-1401 petition by vacating the dismissals entered into by the parties...

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