Kahle v. John Deere Co.

3 Citing cases

  1. Johnson v. United Nat'l Indus., Inc.

    466 N.E.2d 1177 (Ill. App. Ct. 1984)   Cited 14 times

    Applying this rationale to our present case, we find nothing in this record to indicate that plaintiff intended to involve two original defendants in his litigation at the same time and in the same lawsuit, and we therefore reject plaintiff's argument and find that United, at the time of its voluntary dismissal, was a sole defendant, and that therefore the Weisguth rule applies. We recognize that the finality requirement of the Weisguth rule has come into question recently due to the appellate court's decision in Kahle v. John Deere Co. (1983), 119 Ill. App.3d 850, appeal allowed (1984), 99 Ill.2d 529, where the court held that a voluntary dismissal, without prejudice, is not a final and appealable order. 119 Ill. App.3d 850, 851.

  2. Kahle v. John Deere Co.

    104 Ill. 2d 302 (Ill. 1984)   Cited 102 times
    Holding voluntary dismissal order is final and appealable order

    The defendants appealed, and the appellate court dismissed the appeal, holding that a voluntary dismissal without prejudice was not a final, appealable order. ( 119 Ill. App.3d 850.) We granted defendants' petition for leave to appeal (87 Ill.2d R. 315).

  3. Kahle v. John Deere Co.

    502 N.E.2d 1172 (Ill. App. Ct. 1986)

    This dispute has its origins in a previous version of this case. ( Kahle v. John Deere Co. (1983), 119 Ill. App.3d 850, 457 N.E.2d 159, vacated (1984), 104 Ill.2d 302, 472 N.E.2d 787 ( Kahle I).) In Kahle I, the trial court granted defendant's motion for transfer of venue from Cook County to Ford County. The case was thereafter transferred by agreement of the parties to Rock Island County. Just before the case was scheduled to begin in Rock Island County, the plaintiff moved for a voluntary dismissal which was granted.