Cogley v. Daimlerchrysler Corp.

No. 2--05--1198 Filed: 3-13-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
JOANN M. COGLEY, ) Appeal from the Circuit Court
) of Du Page County.
Plaintiff-Appellant, )
)
v. ) No. 05--AR--1374
)
DAIMLERCHRYSLER CORPORATION )
and ELMHURST DODGE, INC., ) Honorable
) Terence M. Sheen,
Defendants-Appellees. ) Judge, Presiding.
_________________________________________________________________________________
JUSTICE McLAREN delivered the opinion of the court:
The supreme court, in the exercise of its supervisory authority, directed this court to vacate
its decision in Cogley v. DaimlerChrysler Corp., 368 Ill. App. 3d 91 (2006), and to reconsider our
judgment in light of Mydlach v. DaimlerChrysler Corp., 226 Ill. 2d 307 (2007). We hereby vacate
our decision.
The parties have moved to dismiss the appeal by agreement. We therefore dismiss this
appeal and will not reconsider our decision in light of Mydlach v. DaimlerChrysler Corp., 226 Ill.
2d 307 (2007).
Pursuant to the agreement of the parties, "[p]laintiff's complaint is dismissed with prejudice
pursuant to settlement with each party to bear its own costs of litigation, and this matter is remanded
to the trial court for the purpose of jurisdiction as to the settlement only."
Appellate court judgment vacated and appeal dismissed; cause remanded.
No. 2--05--1198
BYRNE, P.J., and BOWMAN, J, concur.
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