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An appellate court may not engage in an independent assessment of the evidence as if it were the court of first instance
12 Aug 2010, 8:25 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has discretion to determine if expert testimony is admissible
12 Aug 2010, 8:22 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The appellate court, on a showing of good cause and the absence of prejudice, may extend the time to appeal for a period not exceeding 30 days, but only if the notice of appeal was in fact served and filed within the time as extended
30 Jul 2010, 10:17 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals are taken from orders and judgments, not from opinions
30 Jul 2010, 10:14 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The award of counsel fees under the LAD is discretionary
27 Jul 2010, 9:52 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There are probably few assets whose valuation imposes as difficult, intricate and sophisticated a task as interests in close corporations
27 Jul 2010, 9:41 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law requires the court to consider net income, not gross income when determining support obligations
27 Jul 2010, 9:38 am by PaulKostro
Div. 1993), appeal after remand, 290 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the court has made findings of fact and conclusions of law explaining its disposition of a motion, the order shall indicate whether the findings and conclusions were written or oral and the date on which they were rendered
23 Jul 2010, 10:04 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for rehearing or reconsideration
23 Jul 2010, 9:53 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a family law matter, during the period of the representation, an attorney shall not take or hold a security interest, mortgage, or other lien on the client’s property interests to assure payment of the fee
23 Jul 2010, 9:20 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a motion judge made credibility determinations and may have a commitment to her findings, a post-appeal plenary hearing must be conducted before a different judge
15 Jul 2010, 10:12 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of support is within the discretion of the trial court; and it will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to the evidence, or the result of whim or caprice
7 Jul 2010, 8:23 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Post-judgment newly discovered evidence
29 Jun 2010, 8:31 am by PaulKostro
It is not applicable in the first instance to an appeal filed in the Appellate Division. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court confronted with an evidence determination precedent to ruling on a summary judgment motion squarely must address the evidence decision first
23 Jun 2010, 3:26 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
GEORGIA COURT OF APPEALS RULES PLAINTIFF MUST DO MORE THAN SPECULATE AS TO CAUSE OF A SLIP AND FALL
22 Jun 2010, 8:11 am
LEXIS 344; 2010 Fulton County D. [read post]
Georgia Insurance Defense Lawyer Blog - http://www.georgiainsurancedefenselawyer.com/
The court shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon on every motion decided by a written order that is appealable as of right
16 Jun 2010, 10:46 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
., A-3843-08T1, June 16, 2010: Appeals can only be taken from judgments and orders, not opinions. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Frivolous Litigation Act does not apply to a frivolous appeal
21 May 2010, 2:59 pm by PaulKostro
Div. 2010), A-1822-08, May 21, 2010: “The Frivolous Litigation Act [N.J.S.A. 2A:15-59.1] does not apply to a frivolous appeal. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial judge must not only be impartial, he or she must also give the appearance of impartiality
13 May 2010, 1:19 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court will not disturb a default judgment unless the failure to answer or otherwise appear and defend oneself against the claims is excusable under the circumstances
13 May 2010, 12:56 pm by PaulKostro
On appeal, a decision pursuant to that rule is restricted by the abuse of discretion standard of review. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues