Phillip Morris v. Byron

              No. 104657
IN THE
SUPREME COURT OF ILLINOIS
______________________________________________________________________________
PHILIP MORRIS USA, INC., ))
Petitioner, ))
vs. ) Motion for writ of mandamus/
) prohibition
HON. NICHOLAS G. BYRON, Judge of the )
Third Judicial Circuit, et al., etc., ))
Respondents. )
_____________________________________________________________________________
O R D E R
This cause coming to be heard on the motion of the petitioner, Philip Morris USA, Inc., an
objection having been filed by the respondents Sharon Price, et al., a reply having been filed by the
petitioner, and the court being fully advised in the premises;
IT IS ORDERED that the motion for leave to file a petition for writ of mandamus or prohibition
is denied. The motion for supervisory order is allowed. In the exercise of this court’s supervisory
authority, the circuit court of Madison County is directed to vacate its order of May 9, 2007,
certifying questions for interlocutory appeal pursuant to Supreme Court Rule 308 in Price et al. v.
Philip Morris USA Inc., No. 00 L 112, and to enter an order dismissing plaintiffs’ motion to vacate
or withhold final judgment pursuant to section 2–1203 of the Code of Civil Procedure (735 ILCS
5/2–1203 (West 2006)).
Order entered by the Court.
CHIEF JUSTICE THOMAS took no part.
JUSTICE FREEMAN, dissenting:
This court allows the motion of Philip Morris USA, Inc., for a supervisory order (188 Ill. 2d R.
383). In the exercise of our supervisory authority, this court directs the circuit court of Madison
County to vacate its certification of questions for interlocutory appeal to the appellate court pursuant
to Supreme Court Rule 308 in Price v. Philip Morris USA, Inc., No. 00 L 112, and to enter an order
dismissing plaintiff’s postjudgment motion pursuant to section 2–1203 of the Code of Civil Procedure
(735 ILCS 5/2–1203 (West 2006)). I respectfully dissent.