Arnett v. Young

646 N.E.2d 1265, 207 Ill. Dec. 178, 269 Ill. App. 3d 858, 1995 Ill. App. LEXIS 39
CourtAppellate Court of Illinois
DecidedJanuary 27, 1995
Docket1-93-1529
StatusPublished
Cited by13 cases

This text of 646 N.E.2d 1265 (Arnett v. Young) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnett v. Young, 646 N.E.2d 1265, 207 Ill. Dec. 178, 269 Ill. App. 3d 858, 1995 Ill. App. LEXIS 39 (Ill. Ct. App. 1995).

Opinion

PRESIDING JUSTICE COUSINS

delivered the opinion of the court:

Tamiko Arnett (plaintiff) brought an action against J.D. Young and the Jiffy Cab Company (defendants) seeking to recover damages from an automobile accident. The case proceeded to a mandatory arbitration hearing. Neither the plaintiff nor her counsel attended the arbitration hearing, and an award was entered against her on behalf of both defendants. Plaintiff then filed a motion for voluntary dismissal pursuant to section 2 — 1009 of the Illinois Code of Civil Procedure. (735 ILCS 5/2 — 1009 (West 1992).) The trial court denied the motion and entered judgment on the arbitration award in favor of defendants. On appeal, the plaintiff contends that she has an absolute right to voluntary dismissal under section 2 — 1009.

We affirm.

BACKGROUND

Plaintiff was injured in a car accident on November 26, 1989. On November 25, 1991, plaintiff filed her complaint against defendants to recover damages due to the car accident. The complaint was transferred to the court-annexed mandatory arbitration calendar on May 1, 1992, and was set for an arbitration hearing on January 6, 1993.

On January 6, 1993, neither the plaintiff nor her counsel attended the arbitration hearing. At the hearing, an award was entered in favor of both defendants.

On January 8, 1993, plaintiff filed a motion for voluntary dismissal pursuant to section 2 — 1009 of the Illinois Code of Civil Procedure, which states:

"The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party’s attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.” (735 ILCS 5/2 — 1009 (West 1992).)

The defendants opposed the motion, citing the authority of Supreme Court Rule 91:

"The failure of a party to be present, either in person or by counsel, at an arbitration hearing shall constitute a waiver of the right to reject the award and a consent to the entry by the court of a judgment on the award. In the event the party who fails to be present thereafter moves, or files a petition to the court, to vacate the judgment as provided therefor under the provisions of the Code of Civil Procedure for the vacation of judgments by default, sections 2 — 1301 and 2 — 1401, the court, in its discretion, in addition to vacating the judgment, may order the matter for rehearing in arbitration, and may also impose the sanction of costs and fees as a condition for granting such relief.” 134 Ill. 2d R. 91.

The Committee Comments to Rule 91 state:

"To permit any party or counsel to ignore the arbitration hearing or to exhibit an indifference to its conduct would permit a mockery of this deliberate effort on behalf of the public, the bar and judiciary to attempt to achieve an expeditious and less costly resolution of private controversies.
A party who knowingly fails to attend the scheduled hearing, either in person or by counsel, must be deemed to have done so with full knowledge of the consequences that inhere with this rule. Where the failure to attend was inadvertent, relief may be available to the party under the provisions of the Code of Civil Procedure, sections 2 — 1301 or 2 — 1401, upon such terms and conditions as shall be reasonable.” 134 Ill. 2d R. 91, Committee Comments.

On March 19, 1993, the trial court denied plaintiff’s motion for a voluntary dismissal and entered judgment in favor of both defendants.

OPINION

I

The plaintiff first contends that the language of Supreme Court Rule 91 does not bar an absent party from voluntary dismissal under section 2 — 1009. We disagree. In interpreting supreme court rules, Supreme Court Rule 2 "makes it clear that the same principles that govern the construction of statutes are applicable to the rules.” (134 Ill. 2d R. 2, Committee Comments; see Killoren v. Racich (1994), 260 Ill. App. 3d 197, 198, 632 N.E.2d 621.) The primary rule of statutory interpretation, to which all other rules are subordinate, is that a court should ascertain and give effect to the intent of the legislature. (Bonaguro v. County Officers Electoral Board (1994), 158 Ill. 2d 391, 397, 634 N.E.2d 712.) Thus, this court must ascertain and give effect to the language and intent of Rule 91.

Supreme Court Rule 91 states, "The failure of a party to be present *** shall constitute *** a consent to the entry by the court of a judgment on the award.” (134 Ill. 2d R. 91.) The language of the rule is mandatory. (Estate of Hoard v. Patterson (1993), 253 Ill. App. 3d 118, 120, 625 N.E.2d 336; Balaban v. Gottfried (1991), 220 Ill. App. 3d 535, 536, 581 N.E.2d 205.) This irrevocable consent granted by the absent party to the court to award judgment is incompatible with the right of a party to voluntarily dismiss her case before judgment is rendered. Thus, the right to voluntarily dismiss is entirely curtailed by Rule 91 until judgment is rendered. Entering judgment on an arbitrator’s award constitutes a final disposition of a case which bars voluntary dismissal thereafter. (Ianotti v. Chicago Park District (1993), 250 Ill. App. 3d 628, 632, 621 N.E.2d 185.) Therefore, Rule 91 permanently bars those absent from an arbitration hearing from pursuing voluntary dismissal.

In addition, allowing voluntary dismissal would obliterate the substance of Rule 91. Rule 91 was enacted because:

"[t]o permit any party or counsel to ignore the arbitration hearing or to exhibit an indifference to its conduct would permit a mockery of this deliberate effort on behalf of the public, the bar and judiciary to attempt to achieve an expeditious and less costly resolution of private controversies.” (134 Ill. 2d R. 91, Committee Comments.)

Allowing an absent party to voluntarily dismiss her case, and thus entirely avoid the consequences of Rule 91, would permit a party to ignore the arbitration hearing without any cost to herself. A supreme court rule, like a statute, must be construed to avoid an absurd result. (In re Loss (1987), 119 Ill. 2d 186, 194, 518 N.E.2d 981.) Rule 91 must bar voluntary dismissal in order to effectuate its purpose with any force whatsoever.

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Cite This Page — Counsel Stack

Bluebook (online)
646 N.E.2d 1265, 207 Ill. Dec. 178, 269 Ill. App. 3d 858, 1995 Ill. App. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnett-v-young-illappct-1995.