NJ Family Issues

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Archive for the ‘Appeal’ Category

The Frivolous Claims Statute does not apply to frivolous appeals

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August 4, 2014 at 7:41 am

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Review on appeal does not consist of weighing evidence anew and making independent factual findings

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June 11, 2014 at 8:18 am

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Claims of error in pendente lite orders

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June 3, 2014 at 5:34 pm

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Where a motion filed after the notice of appeal is functionally equivalent to a new action, in that none of the issues pending on appeal are raised in the later motion, and that motion will not affect, impair or destroy the subject matter of the appeal, the trial court may address the subsequent motion because it is collateral to the issues pending on appeal

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May 16, 2014 at 7:03 am

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The Appellate Division sparingly exercises its authority to direct re-assignment of a case on remand, but will do so when necessary to preserve the appearance of a fair and unprejudiced hearing

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December 6, 2013 at 12:31 pm

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If the notice of appeal designates only the order entered on a motion for reconsideration, it is only that proceeding and not the order that generated the reconsideration motion that may be reviewed

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September 16, 2013 at 8:25 am

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When the parties consent to entry of a final judgment memorializing a settlement of all claims in an action, there no longer exists a justiciable controversy from which a party may appeal

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September 16, 2013 at 6:33 am

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Appellate courts recognize the basic contractual nature of matrimonial agreements, and grant particular leniency to agreements made in the domestic arena and allow the Family Part greater discretion when interpreting such agreements

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September 14, 2013 at 1:28 pm

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It is a litigant’s responsibility to refer to certain parts of the record to support his appellate argument

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June 16, 2013 at 8:29 am

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Generally, an issue is preserved for appeal only after it is considered by the trial judge

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June 16, 2013 at 8:21 am

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