Defendant requested the court to consider the res judicata effect of an unsuccessful application for leave to appeal pursuant to Illinois Supreme Court Rule 306(a)(1). Plaintiff filed a complaint for malicious prosecution, intentional infliction of emotional distress, and violation of her civil rights. The trial court entered judgment for the defendants and plaintiff filed a motion that requested the court to reverse the judgment or in the alternative grant a new trial. She was granted a new trial, however, she petitioned for leave to appeal the order, which tranted her the new trial. The Illinois Supreme Court held a party who requests a new trial and receives it cannot then challenge that ruling. Plaintiff requested a new trial and this foreclosed appellate review of all claimed errors in the first trial. Stephens v. Taylor, Docket No. 94597 (Il. S.Ct. June 19, 2003).
