The court also imposed sanctions against Tri-G and its attorneys. The appellate court affirmed. Tri-G, Inc. v. Elgin Federal Savings Loan Ass'n, 182 Ill. App. 3d 357 (1989). With the failure of its substantive claims against Elgin Federal, Tri-G looked to Burke for recourse.
The court also imposed sanctions against plaintiff and its attorneys. The appellate court affirmed. Tri-G, Inc. v. Elgin Federal Savings & Loan Association, 182 Ill. App. 3d 357 (1989).ΒΆ 15 B. Plaintiff v. BBW
) Since a dismissal with prejudice "denotes an adjudication on the merits and is res judicata," a dismissal for want of prosecution, by its nature, is without prejudice. ( O'Reilly, 95 Ill. App.3d at 950, 420 N.E.2d at 427; see Tri-G, Inc. v. Elgin Federal Savings Loan Association (1989), 182 Ill. App.3d 357, 360, 538 N.E.2d 793, 794.) Therefore, a trial judge does not have the authority to dismiss a case for want of prosecution with prejudice because, if he had that power, a "right specifically conferred by [section 13-217] would be defeated."