Jackson v. Victory Memorial Hospital

In Jackson v. Victory Memorial Hospital, No. 2-07-0525, 387 Ill. App. 3d 342, 900 N.E.2d 309, 2008 Ill. App. 326 Ill. Dec. 673 (December 2, 2008), the trial court granted defendant's motion to dismiss but granted plaintiff leave to replead. Plaintiff requested and received several extensions while attempting to retain counsel, and then moved to voluntarily dismiss the complaint under section 2-1009 of the Code. Plaintiff subsequently refiled the complaint and the trial court granted defendant's motion to dismiss on the grounds that the complaint was barred by res judicata. On appeal, the Second District reversed and remanded, finding that an order dismissing a complaint is not final until the trial court enters an order dismissing the suit with prejudice.