Civil procedure — refiling compliant, operative facts

Posted March 15, 2018 12:29 PM

Where a plaintiff voluntarily withdraws a complaint and files another cause of action based on the same set of operative facts, that filing exhausts the plaintiff’s one permitted refiling even if it is based on a different theory of relief.The 1st District Appellate Court vacated an order and dismissed a case from Cook County Circuit Judge Raymond W. Mitchell.On Nov. 20, 2006, Andres Cobo and Amy Rule took out a $227,500 loan from Waukegan Savings and Loan, mortgaging their residence. In 2011, they stopped making …

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