Appellate Court of Illinois June 1, 2004, 1-02-3765 Rel (Owens v. Snyder)

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

Does a circuit court judge have the authority to sua sponte dismiss a complaint for mandamus before summons is issued to the defendant?

This question has been answered differently by two districts of this court, but is a matter of first impression in the First District.