Blog Archives

Ordinarily, an appellate court will dismiss as moot an appeal challenging an eviction where the tenant has been removed, and the premises have been re-rented, or the tenant has vacated the premises

Posted in *All Posts, Appeal, Landlord-Tenant, Litigation, Real-estate

Judicial discretion is not arbitrary and unbounded

Posted in *All Posts, Appeal, Judicial Discretion, Litigation, Motions

Only the orders designated in the notice of appeal are subject to the appeal process and review

Posted in *All Posts, Appeal, Litigation

If a respondent’s argument goes beyond the scope of the lower court’s decision, it will not be entertained on appeal unless asserted within a separate cross-appeal

Posted in *All Posts, Appeal, Litigation

A party conceding a material fact before the trial court may not argue the contrary on appeal

Posted in *All Posts, Appeal, Litigation

Appeals may be taken as of right from final judgments of the Superior Court trial divisions

Posted in *All Posts, Appeal, Litigation

Judges are not like pigs, hunting for truffles buried in briefs

Posted in *All Posts, Appeal, Litigation, Motions

Appeals from municipal court convictions

Posted in *All Posts, Appeal, Criminal

A party is not permitted to appeal from an order that denied identical relief in a prior order that was entered outside the time for appeal

Posted in *All Posts, Appeal, Litigation

The scope of the Appellate Division’s review of an administrative agency’s final determination

Posted in *All Posts, Appeal, Litigation

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