Docket No. 94597-Agenda 14-March 2003.

AGNES M. STEPHENS, Appellee, v. STEVEN TAYLOR et al., 
Appellants.

Opinion filed June 19, 2003.

JUSTICE FITZGERALD delivered the opinion of the court:

Defendants, the Moline Housing Authority (the Authority)and its director, Steven Taylor, request that we consider the resjudicata effect of an unsuccessful application for leave to appealpursuant to Illinois Supreme Court Rule 306(a)(1) (166 Ill. 2d R.306(a)(1)). Rule 306(a)(1) allows a party to petition for leave toappeal an order of the trial court granting a new trial. 166 Ill. 2d R.306(a)(1). According to defendants, principles of res judicatawould preclude the party petitioning under Rule 306(a)(1) fromsubsequently raising the same issues contained in the Rule 306petition in an appeal filed after the conclusion of the new trial.

However, in this case the petitioning party under Rule306(a)(1)-the party who sought leave to appeal the order of thetrial court granting a new trial-also requested the new trial. Forthis reason, we reverse the judgment of the appellate court andreinstate the verdict of the circuit court following the second trial.

BACKGROUND

Plaintiff, Agnes Stephens, an employee of the Authority, wascharged with theft of a "Bill Trip Alarm." After nine months, thecharge was dismissed nolle prosequi, and Stephens filed amulticount civil suit against the Authority and Taylor in the circuitcourt of Rock Island County. Stephens sought damages formalicious prosecution, the intentional infliction of emotionaldistress, and a violation of her civil rights pursuant to section 1983of the Civil Rights Act (42 U.S.C.