Illinois Appellate Court

ATTORNEY FEES, CIVIL PROCEDURE – An assignee of a credit card company withdrew its complaint that defendant owed over $23,000 in unpaid charges, and the parties agreed that plaintiff could still refile the action. The Illinois Appellate Court found that defendant’s claim for attorney fees based on the lack of the original complaint’s factual and legal basis should be dismissed because the order that defendant was not entitled to fees was not a final determination on the merits of the complaint, and her motion was premature. Resurgence v. Kelly