Mis-Designation of a Motion Filed In Court Example Case

In Malanowski v. Jabamoni, 293 Ill. App. 3d 720, 228 Ill. Dec. 34, 688 N.E.2d 732 (1997), the court found that the moving party had mistakenly brought what was essentially a motion for summary judgment under section 2-619. The court determined that the misdesignation of the party's motion was not fatal to the party's right to prevail because the nonmoving party had not suffered any prejudice or unfair surprise due to the error. Malanowski, 293 Ill. App. 3d at 724. The court further noted that a section 2-619(a)(9) motion is similar to a summary judgment motion because "a fact motion under section 2-619 essentially amounts to a summary judgment procedure." Malanowski, 293 Ill. App. 3d at 724.