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PRATE INSTALLATIONS, INC. v. THOMAS

No. 2-05-0534.

842 N.E.2d 1205 (2006)

363 Ill. App.3d 216

299 Ill.Dec. 853

PRATE INSTALLATIONS, INC., Plaintiff-Appellant, v. Richard THOMAS and Rebecca Thomas, Defendants-Appellees.

Appellate Court of Illinois, Second District.

January 24, 2006.

Attorney(s) appearing for the Case

John H. Bickley, Jr., Law Offices of John H. Bickley, Jr., Waukegan, for Prate Installations, Ltd.

Kevin B. Rogers, Law Offices of Kevin B. Rogers, Chicago, for Rebecca Thomas, Richard Thomas.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, general contractor Prate Installations, Inc., brought suit against defendants, homeowners Richard and Rebecca Thomas. Plaintiff alleged that defendants had failed to pay for the removal and repair of their roof. Defendants moved to dismiss the case under section 2-619(a)(5) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(5) (West 2004)), arguing that the action was time-barred. The trial court...

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