Legal Memorandum: Standard of review for a § 2-619 dismissal

Issue: Under Illinois law, what is the standard of review for a 2-619 dismissal?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; § 2-619; Motion; Dismiss; Defense: Appeal; Summary Judgement; Standard of Review; De Novo
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 01/01/2016

Section 2-619 provides that an action may be dismissed, on the motion of the defendant, based on various enumerated defenses ([statref]735 ILCS 5/2-619(a)(1)-(8) (West 2014)[/statref]) or "other affirmative matter avoiding the legal effect of or defeating the claim" ([statref]735 ILCS 5/2-619(a)(9) (West 2014[/statref]). As our supreme court has noted, "[a]n appeal from a section 2-619 dismissal is similar to an appeal following a grant of summary judgment, and both are subject to de novo review." Raintree Homes, Inc. v. Village of Long Grove, 209 Ill.2d 248, 254 (2004).

Heisterkamp v. Pacheco, 2016.IL.150229 (Ill. App. Dist. 2. Jan, 28 2016).

Date: January 1, 2016

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