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The equitable authority of courts to modify property settlement agreements is well established
23 Aug 2010, 2:26 pm by PaulKostro
Twp. of Fairfield, 198 N.J. 242, 264 (2009). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The “law of the case” doctrine, wich discourages relitigation of un-reversed decisions made during the trial, is not applicable when the earlier decision was either ambiguous or uncertain
18 Dec 2009, 9:22 am by PaulKostro
Twp. of Wall, 295 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent unconscionability, fraud, or overreaching in the negotiations of the settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement
13 Mar 2012, 9:07 am by PaulKostro
Twp. of S. [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
Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for reconsideration
14 Oct 2010, 12:48 pm by PaulKostro
Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice of its intention to seek sanctions for frivolous litigation and a demand to withdraw the frivolous pleading
25 Feb 2010, 8:48 am by PaulKostro
Twp. of W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The exercise of judicial discretion must have a factual underpinning and legal basis
15 Nov 2010, 1:18 pm by PaulKostro
Newark Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
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
Twp. of N. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
Howell Twp., 12 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable principle applied to a party who, without explanation or excuse, delayed in asserting a claim now stale
14 Aug 2009, 3:53 am
Freehold Twp., 383 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One person is in privity with another and is bound by and entitled to the benefits of a judgment as though he was a party when there is such an identification of interest between the two as to represent the same legal right
15 Jul 2010, 9:50 am by PaulKostro
[Twp. of Middleton v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rule 4:50-1
29 Oct 2010, 9:06 am by PaulKostro
Fairfield Twp., 198 N.J. 242, 261-62 (2009).] [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Post-judgment newly discovered evidence
29 Jun 2010, 8:31 am by PaulKostro
Twp. of Springfield, 83 N.J. 438, 445 (1980); Posta v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Laches is an equitable defense that may be interposed in the absence of the statute of limitations and has been defined as an inexcusable delay in asserting a right
3 Jun 2010, 8:43 am by PaulKostro
Twp. of Teaneck, 179 N.J. 425, 436 (2004). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judicial discretion
14 Oct 2010, 12:56 pm by PaulKostro
Newark Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The failure of the movant to establish a prima facie case that circumstances subsequent to a divorce judgment have adversely affected the welfare of the children precludes requiring a plenary hearing
11 Feb 2010, 9:38 am by PaulKostro
Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Errors of law or fact made by the arbitrator are not correctable by a reviewing court
4 Oct 2010, 12:19 pm by PaulKostro
Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When seeking enforcement of a judgment, the rightness or wrongness of the original determination at the time it was made may not be as important as what has since transpired or been learned to render its enforcement inequitable
16 Jun 2010, 10:43 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
Twp. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
Twp. of W. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues