Smith v. Central Illinois Regional Airport

In Smith v. Central Illinois Regional Airport, 207 Ill. 2d 578, 585, 802 N.E.2d 250, 254, 280 Ill. Dec. 325 (2003), the plaintiff had been granted 60 days in which to amend the complaint and had filed a motion to voluntarily dismiss under section 2-1009 of the Code within the 60-day period. The supreme court noted that because the order expressly left the suit pending for further proceedings, the plaintiff was allowed not only to amend the complaint but also to pursue any other option available, including standing on the complaint and seeking an order to dismiss with prejudice in order to obtain a final judgment. Smith, 207 Ill. 2d at 588, 802 N.E.2d at 256.