A Kane County judge tossed the complaint A. Steven Young refiled under Section 13-217 of the Illinois Code of Civil Procedure within a year of when his first lawsuit on a claim against his three siblings was dismissed for want of prosecution. The problem was that Steven’s motion to vacate the DWP was still pending when he initiated the second suit. On appeal, Steven questioned the validity of the precedent the judge relied on, including Bowers v. Village of Palatine, 204 Ill. App. 3d 135 (1990), which concluded that “if a …
Judge erred on refiling deadline
