Search for: "Somerville, Appeal of"
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16 Jun 2010, 10:27 am
., A-3843-08T1, June 16, 2010: Appeals can only be taken from judgments and orders, not opinions. [read post]
15 Jun 2010, 3:24 am
Plaintiff's only opposition to defendant's cross motion was an attorney affirmation and various documents which, as relevant to this appeal, consisted primarily of billing records. [read post]
21 May 2010, 2:59 pm
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]
13 May 2010, 1:19 pm
The decision on whether a judge should recuse himself from hearing a matter lies within the sound discretion of that judge, and the judge’s decision should not be reversed on appeal absent an abuse thereof. [read post]
13 May 2010, 12:56 pm
On appeal, a decision pursuant to that rule is restricted by the abuse of discretion standard of review. [read post]
12 May 2010, 9:17 am
., Cal: Court of Appeals, 2nd Appellate Dist., Div. 4 2010, B209780, January 28, 2010: Whether characterized as an arbitration, a mediation, or as some other form of alternative dispute resolution, if the undisputed facts demonstrate that an ADR Professional recused himself or withdrew from providing a binding resolution based on a doubt whether he or she could be fair and impartial, that act would be integral to the ADR Professional’s quasi-judicial function and would therefore be… [read post]
5 May 2010, 7:58 am
Alpert, relying on a holding by the Eleventh Circuit Court of Appeals in Massengale v. [read post]
28 Apr 2010, 5:03 pm
Div. 2004), appeal dismissed, 187 N.J. 74 (2005). [read post]
27 Apr 2010, 8:33 am
On appeal, a ruling pursuant to that rule is subject to the abuse of discretion standard of review. [read post]
22 Apr 2010, 9:15 am
In re Coruzzi, 95 N.J. 557, 567, appeal dismissed, 469 U.S. 802, 105 S. [read post]
22 Apr 2010, 9:11 am
The disposition order is considered final and, therefore, is appealable “as of right. [read post]
15 Apr 2010, 8:51 am
A factfinding order is considered interlocutory and requires a motion for leave to appeal. [read post]
3 Apr 2010, 10:01 am
Religious citizens have appealed to notions of religious rights grounded in law in an effort to bypass or restrict state scrutiny and regulation of group activity. [read post]
31 Mar 2010, 3:05 pm
Div.), certif. denied, 134 N.J. 567 (1993) (“A party who consents to, acquiesces in, or encourages an error cannot use that error as the basis for an objection on appeal. [read post]
18 Mar 2010, 8:24 am
MITCHELL, No. 09-2144, United States Court of Appeals, Third Circuit, March 17, 2010: In 2008, the District Attorney of Wyoming County in Pennsylvania presented teens suspected of “sexting” with a choice: either attend an education program designed by the District Attorney in conjunction with two other agencies or face felony child pornography charges. [read post]
10 Mar 2010, 8:24 am
In other words, “[a] party who consents to, acquiesces in, or encourages an error cannot use that error as the basis for an objection on appeal. [read post]
5 Mar 2010, 12:26 pm
On appeal, the court reversed the conviction because the court “concluded that although testimony in respect of [BWS] satisfied the requirements of New Jersey Rule of Evidence 703, the testimony that battered women not diagnosed with [BWS] exhibit characteristics similar to women with the syndrome did not. [read post]
24 Feb 2010, 12:41 pm
(stating that “speculation does not meet the evidential requirements which would . . . defeat a summary judgment motion”), certif. granted, 183 N.J. 592 (2005), appeal dismissed Jan. 3, 2006; Martin v. [read post]
16 Feb 2010, 11:05 am
Div. 1977)(biological mother’s unopposed appeal was remanded for a hearing on whether visitation would be in the fifteen-year-old child’s best interests). [read post]
16 Feb 2010, 10:10 am
.), certif. granted, 152 N.J. 13 (1997), and appeal dismissed as moot, 152 N.J. 361 (1998). [read post]
