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HERNANDEZ v. BERNSTEIN

No. 1-10-2646.

956 N.E.2d 558 (2011)

353 Ill. Dec. 696

Jesse E. HERNANDEZ and Yolanda Hernandez, Plaintiffs-Appellants, v. Isadore BERNSTEIN, John L. Grazian, Richard S. Volpe, and Bernstein and Grazian, P.C., Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

August 19, 2011.

Attorney(s) appearing for the Case

Donald L. Johnson , Julie A. Boynton , Joseph Gentleman , Chicago, for Appellants.

Hinshaw & Culbertson LLP, Chicago ( Matthew R. Henderson , Timothy G. Shelton ), for Appellees John L. Grazian, Richard S. Volpe.

Donohue, Brown, Mathewson & Smyth, Chicago, for Appellees Isadore Bernstein, Bernstein and Grazian, P.C.

OPINION

Judge EPSTEIN delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs, Jesse and Yolanda Hernandez, maintain the trial court erroneously dismissed their complaint pursuant to section 2-619(a)(4) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(a)(4) (West 2008)), as barred by res judicata. We reverse and remand.

¶ 2 BACKGROUND

¶ 3 In 2005, plaintiffs filed a legal negligence action against...

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