Schulte v. Burch

In Schulte v. Burch, 151 Ill. App. 3d 332, 502 N.E.2d 856, 104 Ill. Dec. 359 (1986), the circuit court dismissed a malpractice claim against an attorney who failed to commence proceedings against a subcontractor for a mechanic's lien foreclosure within the prescribed time period. The Schulte court affirmed the dismissal and held that the malpractice action would not become ripe until the cause of action on the bond was lost. Schulte, 151 Ill. App. 3d at 336, 502 N.E.2d at 859. The judgment, however, was modified to state that the cause of action was dismissed "without prejudice to refiling if such cause of action should ripen." Schulte, 151 Ill. App. 3d at 336, 502 N.E.2d at 859.