S.C. Vaughan Oil Co. v. Caldwell, Troutt & Alexander
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 82600
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Docket No. 82600--Agenda 23--September 1997. S.C. VAUGHAN OIL COMPANY et al., Appellees, v. CALDWELL, TROUTT & ALEXANDER et al. (Caldwell, Troutt & Alexander, Appellant). Opinion filed March 19, 1998. JUSTICE McMORROW delivered the opinion of the court: At issue in this appeal is whether a trial court's order dismissing plaintiffs' case for want of prosecution constitutes a final and appealable order upon expiration of plaintiffs' opportunity to refile the case pursuant to section 13--217 of the Code of Civil Procedure (735 ILCS 5/13--217 (West 1992)). For the reasons that follow, we conclude that upon expiration of the section 13--217 period for refiling, the dismissal for want of prosecution constitutes a final and appealable order. BACKGROUND On August 4, 1986, plaintiffs, S.C. Vaughan Oil Company and Charles A. Vaughan, filed a complaint in the circuit court of Marion County naming Paul Caldwell and the law firm of Caldwell, Troutt & Alexander as defendants in an action seeking damages for legal malpractice and conflict of interest. On August 6, 1990, proof that Paul Caldwell had filed a petition for relief under the United States Bankruptcy Code was filed with the circuit court. Pursuant to this bankruptcy petition, an automatic stay of the continuation of the state proceedings as to defendant Paul Caldwell was imposed pursuant to 11 U.S.C. sec. 362 (1994). No entries regarding this matter were made on the docket sheet maintained by the clerk of the circuit court of Marion County from the date of the filing of Paul Caldwell's bankruptcy petition on August 6, 1990, until April 22, 1991. After this 8 |