Skarbek v. Woodman's Food Market, Inc.

Summary

The Illinois Appellate Court, Second District, held that the absence of an Illinois Supreme Court Rule 222(b) damages affidavit was not a proper basis for the circuit court clerk to reject a complaint. Because the complaint was submitted electronically within the applicable limitations period, it should have been deemed filed as of the submission date; the court therefore reversed the time-bar dismissal and remanded without reaching the plaintiff’s alternative good-cause argument.

Holdings

1. The absence of a Rule 222(b) affidavit was not a proper basis for the circuit court clerk to reject plaintiff's otherwise sufficient complaint.
2. The complaint should have been deemed filed on June 26, 2024, the date it was submitted electronically, and the dismissal as untimely was improper.
3. The court did not reach plaintiff's alternative good-cause argument because it held that the complaint was timely filed.

Questions Presented

1. Whether the circuit court clerk had authority to reject an otherwise sufficient complaint seeking money damages solely because it lacked the affidavit required by Illinois Supreme Court Rule 222(b).
2. Whether the complaint should have been deemed filed on June 26, 2024, when it was electronically submitted, despite the clerk's later rejection and acceptance on June 28, 2024.
3. Whether plaintiff showed good cause under Illinois Supreme Court Rule 9(d)(2) for the late filing.

Disposition

reversed_and_remanded