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Archive for the ‘Appeal’ Category

*All Posts,Appeal,Litigation

A trial judge must make findings of fact and conclusions of law, particularly when there is an appeal filed

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April 21, 2013 at 3:47 pm

*All Posts,Appeal,Litigation

A party on appeal must provide the appellate court with parts of the record, as are essential to the proper consideration of the issues

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April 15, 2013 at 9:13 am

*All Posts,Appeal,Litigation,Motions,Reconsideration

The time for filing a notice of appeal should not be tolled during the pendency of a duplicative second motion for reconsideration

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March 16, 2013 at 3:34 pm

*All Posts,Appeal,Child,Litigation

When sensitive issues are involved, parties may be refer to by fictitious name

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March 16, 2013 at 3:14 pm

*All Posts,Appeal,Divorce,Litigation

The Appellate Division accords great deference to discretionary decisions of Family Part judge

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March 5, 2013 at 10:20 am

*All Posts,Appeal,Litigation

A trial judge has the responsibility to comply with pronouncements of an appellate court

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March 5, 2013 at 10:15 am

*All Posts,Appeal,Litigation

Because the trial judge had the opportunity to assess the credibility and demeanor of the witnesses first-hand, the appellate court defers to the judge’s factual determinations, so long as they are supported by substantial credible evidence in the record

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March 4, 2013 at 9:15 am

*All Posts,Appeal,Litigation,Settlement agreement

A judgment or order entered with the consent of the parties is ordinarily not appealable for the purpose of challenging its substantive provisions

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March 1, 2013 at 9:42 am

*All Posts,Appeal

If an appeal is improvidently filed before resolution of an issue such as counsel fees, the party seeking fees should move before this court for a limited remand, or for dismissal of the appeal as interlocutory

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March 1, 2013 at 9:40 am

*All Posts,Appeal,Litigation

Without a specific claim of error supported by record references and relevant law, an appellate court cannot properly consider an appeal

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February 23, 2013 at 11:35 am