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FISCHER v. SENIOR LIVING PROPERTIES, L.L.C.

No. 4-01-0496.

771 N.E.2d 505 (2002)

329 Ill. App.3d 551

264 Ill.Dec. 801

Patricia FISCHER, Independent Administratrix of the Estate of Laveda Mary Zara, Deceased, Plaintiff-Appellant, v. SENIOR LIVING PROPERTIES, L.L.C., d/b/a Westabbe Health Care Center, Defendant (St. John's Hospital of the Hospital Sisters of the Third Order of St. Francis, d/b/a St. John's Hospital of Springfield, and Joseph J. Maurer, M.D., Defendants-Appellees).

Appellate Court of Illinois, Fourth District.

April 30, 2002.

Attorney(s) appearing for the Case

Michael D. Carter, Jr. (argued), Sutterfield Law Offices, P.C., Effingham, for Patricia Fischer.

Richard J. Wilderson, April G. Troemper (argued), Graham & Graham, Ltd., Springfield, for St. John's Hospital of Springfield.

Richard H. Narup, Drake, Narup & Mead, P.C., Springfield, for Joseph J. Maurer, M.D.

Justice COOK delivered the opinion of the court:

The question raised in this case is whether an amended complaint adding additional parties is properly filed within the period of the statute of limitations when the clerk tells counsel the order granting leave to file the amended complaint will be entered by the court as a routine matter, but that is not done. The trial court answered the question in the negative and granted the motions to dismiss filed by the additional...

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