                                No. 2--05--1198      Filed: 3-13-08
______________________________________________________________________________

                                               IN THE

                               APPELLATE COURT OF ILLINOIS

                              SECOND DISTRICT
______________________________________________________________________________

JOANN M. COGLEY,                        ) Appeal from the Circuit Court
                                        ) of Du Page County.
      Plaintiff-Appellant,              )
                                        )
v.                                      ) No. 05--AR--1374
                                        )
DAIMLERCHRYSLER CORPORATION             )
and ELMHURST DODGE, INC.,               ) Honorable
                                        ) Terence M. Sheen,
      Defendants-Appellees.             ) Judge, Presiding.
_________________________________________________________________________________

        JUSTICE McLAREN delivered the opinion of the court:

        The supreme court, in the exercise of its supervisory authority, directed this court to vacate

its decision in Cogley v. DaimlerChrysler Corp., 368 Ill. App. 3d 91 (2006), and to reconsider our

judgment in light of Mydlach v. DaimlerChrysler Corp., 226 Ill. 2d 307 (2007). We hereby vacate

our decision.

        The parties have moved to dismiss the appeal by agreement. We therefore dismiss this

appeal and will not reconsider our decision in light of Mydlach v. DaimlerChrysler Corp., 226 Ill.

2d 307 (2007).

        Pursuant to the agreement of the parties, "[p]laintiff's complaint is dismissed with prejudice

pursuant to settlement with each party to bear its own costs of litigation, and this matter is remanded

to the trial court for the purpose of jurisdiction as to the settlement only."

        Appellate court judgment vacated and appeal dismissed; cause remanded.
No. 2--05--1198


      BYRNE, P.J., and BOWMAN, J, concur.




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