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Archive for the ‘appeal’ Category

Can the Appellate Division overrule a prior Appellate Division decision?

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July 23, 2010 at 9:20 am

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A trial judge must articulate the findings of fact and conclusions of law that lead to a particular result

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July 19, 2010 at 6:02 pm

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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

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July 15, 2010 at 1:12 pm

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Summary Judgment appellate review

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July 12, 2010 at 12:05 pm

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Post-judgment newly discovered evidence

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June 29, 2010 at 11:31 am

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Appeals can only be taken from judgments and orders, not opinions

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June 16, 2010 at 1:27 pm

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The Frivolous Litigation Act does not apply to a frivolous appeal

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May 21, 2010 at 5:59 pm

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The doctrine of invited error operates to bar a disappointed litigant from arguing on appeal that an adverse decision below was the product of error, when that party urged the lower court to adopt the proposition now alleged to be error

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March 31, 2010 at 6:05 pm

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A judge has a duty to make findings of fact and conclusions of law on every motion decided by a written order that is appealable as of right

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February 11, 2010 at 1:33 pm

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The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence

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February 3, 2010 at 11:34 am

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