Motion to vacate extended refiling period in personal injury case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 9, 2021 11:05 AM

Broderick Stacken Jr.’s personal injury case was dismissed for want of prosecution on Dec. 20, 2016, and he didn’t refile until Dec. 19, 2018, even though the deadline set by Sec. 13-217 of the Illinois Code of Civil Procedure for refiling after a DWP is one year. A Cook County judge dismissed the second suit as tardy, but the Illinois Appellate Court reversed.Why? Because Stacken filed a motion to vacate the DWP on Jan. 18, 2017. This reset the one-year countdown — and held it at zero until his motion to …

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