Hernandez v. Bernstein

State: Illinois

Court: 1st District Appellate

Docket No: 1-10-2646 Official Reports

Case Date: 08/19/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Hernandez v. Bernstein, 2011 IL App (1st) 102646

Appellate Court Caption

JESSE E. HERNANDEZ and YOLANDA HERNANDEZ, PlaintiffsAppellants, v. ISADORE BERNSTEIN, JOHN L. GRAZIAN, RICHARD S. VOLPE, and BERNSTEIN AND GRAZIAN, P.C., Defendants-Appellees.

District & No.

First District, Fifth Division Docket No. 1-10-2646 August 19, 2011 The trial court's dismissal of plaintiffs' initial legal malpractice complaint without prejudice was not a res judicata bar to the legal negligence complaint plaintiffs filed after voluntarily dismissing their initial suit, and the dismissal of that complaint with prejudice based on res judicata was reversed.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Cook County, No. 09-L-11191; the Hon. Jeffrey Lawrence, Judge, presiding.

Judgment

Reversed and remanded.

Counsel on Appeal

Donald L. Johnson and Julie A. Boynton, both of Donald L. Johnson, P.C., and Joseph Gentleman, of Joseph T. Gentleman & Associates, both of Chicago, for appellants. Hinshaw & Culbertson LLP, of Chicago (Matthew R. Henderson and Timothy G. Shelton, of counsel), for appellees John L. Grazian and Richard S. Volpe. Donald J. Brown, Jr., and Karen Kies DeGrand, both of Donohue, Brown, Mathewson & Smyth, of Chicago, for appellees Isadore Bernstein and Bernstein & Grazian, P.C.

Panel

JUDGE EPSTEIN delivered the judgment of the court, with opinion. Presiding Justice Fitzgerald Smith and Justice J. Gordon concurred in the judgement and opinion. OPINION

Download Hernandez v. Bernstein.pdf