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147 Ill. 2d 420

590 N.E.2d 449

Mizell v. Passo

Illinois Supreme Court

Decided March 19, 1992

Illinois Supreme Court · decided 1992-03-19

Relies on 147 Ill. 2d 57 - DeLuna v. St. Elizabeth's Hospital · 127 Ill. 2d 122 - Gibellina v. Handley · 147 Ill. 2d 84 - McAlister v. Schick

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-19

How this case has been cited

Cited by 28 later decisions — most recently December 2025 · most notably 173 Ill. 2d 167 - People v. Miller (1996), 345 Ill. App. 3d 175 - People v. Shellstrom (2003)

28 state decisions

1401992200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JUSTICE CLARK,

¶1specially concurring:

¶2I write this special concurrence not to disagree with my colleague Justice Cunningham’s interpretation of Gibellina v. Handley (1989), 127 Ill. 2d 122, which I authored, but to again express my strong belief that section 2 — 622 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 622) is unconstitutional.

¶3As the majority opinion aptly notes, “the crux of this appeal” is the interpretation of Gibellina. (See 147 Ill. 2d at 424.) The majority opinion correctly holds that in Gibellina, this court intended to give the trial court the discretion to hear and decide a motion which has been filed prior to a section 2 — 1009 motion for voluntary dismissal when that motion, if favorably ruled on by the court, could result in a final disposition of the case. See Gibellina, 127 Ill. 2d at 138.

¶4Nonetheless, section 2 — 622 is also involved in this appeal, for it is plaintiff’s failure to comply with that code section which ultimately provoked the Gibellina issue. Consequently, I feel I must reiterate my conviction that section 2 — 622 is unconstitutional in that it violates the separation of powers clause of the Illinois Constitution (Ill. Const. 1970, art. II, §1). See DeLuna v. St. Elizabeth’s Hospital (1992), 147 Ill. 2d 57 (Clark, J., dissenting); McAlister v. Schick (1992), 147 Ill. 2d 84 (Clark, J.,. joined by Bilandic and Freeman, JJ., dissenting).

¶5JUSTICES BILANDIC and FREEMAN join in this special concurrence.

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