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SMITH v. MENOLD CONST., INC.

No. 4-03-0811.

811 N.E.2d 357 (2004)

348 Ill.App.3d 1051

285 Ill.Dec. 116

Randell L.D. SMITH, Plaintiff-Appellant, v. MENOLD CONSTRUCTION, INC., d/b/a Menold Restoration, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 9, 2004.

Attorney(s) appearing for the Case

Randell L.D. Smith, Bloomington, Pro Se.

Karen L. Kendall, David A. Perkins, Mark A. Ludolph, Heyl, Royster, Voelker & Allen, Peoria, for Menold Construction, Inc.

Justice TURNER delivered the opinion of the court:

In December 2002, plaintiff, Randell L.D. Smith, filed a five-count complaint against defendant, Menold Construction, Inc., doing business as Menold Restoration. Defendant did not receive service of process until June 2003. In July 2003, defendant filed a motion to dismiss, asserting, inter alia, plaintiff's complaint should be dismissed pursuant to Supreme Court Rule 103(b) (177 Ill.2d R. 103(b)) because plaintiff...

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