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njcourts.gov
… such as a "'lack of inherently credible evidence to support a finding, obvious overlooking or undervaluation of … jury's verdict where, as here, there was some evidence that supports its verdict. Dolson, 55 N.J. at 6. Moreover, there …
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njcourts.gov
… the petition itself must allege the facts relied upon to support that claim. State v. Mitchell, 126 N.J. 565, 576 … hearing where he establishes a prima facie case in support of PCR. See R. 3:22-10(b). Viewing the facts in the …
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njcourts.gov
… (App. Div. 2019). The court "will disturb a trial court's determination on counsel fees only on the rarest occasion, and … of a binding settlement[] to make a definitive CFA determination." Id. at 420. We explained that the parties … 2015). Defendant has not moved for appellate counsel fees, supported by affidavits or certifications as prescribed by …
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njcourts.gov
… and factual errors," the Board's factual findings were "not supported by substantial evidence[,]" and an evidentiary … by well-known standards. "Judicial review of agency determinations is limited." Allstars Auto Grp. v. N.J. Motor … 234 N.J. at 158 (alteration in original) (quoting Dep't of Children & Families, Div. of Youth & Family Servs. v. T.B., …
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njcourts.gov
… Jersey, and (2) the doctrine of forum non conveniens. In support of its motion, Coco submitted a certification from … to New Jersey created the minimum contacts needed to support jurisdiction. Id. at 320, 330. Conversely, the …
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njcourts.gov
… trial court's review of James's certification submitted in support of his answer to David's OSC led to its conclusion … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." … struck the caveat and admitted the will to probate. Our determination obviates the necessity to address James's …
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njcourts.gov
… and 4) a Peter Max painting of Michael Jordan.2 In a supporting ten- page certification, Inselberg provided … charged with his adversary's enforcement 4 Of course, the determination of any such damages would likely involve … N.J. Super. 560, 590 (App. Div. 2003). We disturb such determinations "only on the rarest occasions, and then only …
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njcourts.gov
… risks of not being present at trial, and the record did not support a finding that defendant made a knowing and … and she adequately communicated with defendant. This determination, and the denial of defendant's claim on these … address it anew here. In conclusion, the PCR judge made a determination, detailed in a lengthy and thorough written …
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njcourts.gov
… findings of fact or conclusions 3 A-0730-17T2 of law in support of the October 10, 2017 order, we are constrained to … weren't clean hands here[.]" Thus, Kaufman provided no support for the judge's denial of appellants' motion to … Bellevue and GLE. None of the parties have appealed that determination and, therefore, it is not before us. 14 …
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njcourts.gov
… of non-custodial probation. There was no direct appeal. To support her petition, Lian argued that her plea attorney … who was her paramour and the future father of her children. The indictment charged Lian and the man with … matter back to the trial court for further assessment and determination of the conflict of interest issue and an …
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njcourts.gov
… below was 'arbitrary, capricious or unreasonable' or '[un]supported by substantial credible evidence in the record as … deferential standard and will "uphold [the trial court's] determinations 'absent a showing of an abuse of discretion.'" … 579). Judge Minkowitz recognized that these credibility determinations were not controlling. He considered the …
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njcourts.gov
… address any of the other claims made in the certifications supporting the PCR petition. We have not been provided with … to a PCR court's factual findings . . . that are supported by sufficient credible evidence in the record." …
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njcourts.gov
… the description he gave. None of these assertions are supported by the record. G.W.'s description was not … there was competent and credible evidence 15 A-3626-16T3 supporting the application of the guidelines, and whether …
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njcourts.gov
… 451, 463-64 (App. Div. 2000), beginning with the evidence supporting plaintiff's motion for partial summary judgment. … to the cemetery. In opposition to plaintiff's motion and in support of its cross-motion, PACA furnished its retainer …
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njcourts.gov
… Law Division did not find any legal or factual grounds to support North Wildwood's position. We affirm. I North … a kitchen, and a playground. As of October 2016, 129 children were enrolled in the preschool and kindergarten … North Wildwood's attempt to reframe the issue to a determination of whether the Board was acting outside of its …
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njcourts.gov
… [(Emphasis added).] The expert's opinion is amply supported by the facts on the motion record. Plaintiff … 242, 249 (1986)); accord, R. 4:46-2(c). A trial court's determination that a party is entitled to summary judgment as … unless the parties disagree, in which case the final determination of the court is a discretionary judgment that is …
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njcourts.gov
… Plymouth Rock Assurance Company ("Plymouth Rock"). In support of this non-involvement, Horizon's counsel referred … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … 14 A-4195-17T3 The trial court briefly cited to Kotzian, to support its decision to grant damages above the $250,000 …
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njcourts.gov
… program. He was prohibited from unsupervised contact with children under the age of eighteen, except for his son. The … an appellate court should not modify a trial court's determination either to commit or release an individual unless … 146 N.J. at 58). "So long as the trial court's findings are supported by 'sufficient credible evidence present in the …
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njcourts.gov
… to the sound discretion of the trial court, and its determination will not be reversed on appeal 7 A-5529-17T3 … made from a documentary record if those findings are supported by "sufficient credible evidence." Id. at 381 … beforehand. The State has not cross-appealed those determinations, and we have no reason to overturn them. As we …
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njcourts.gov
… E. The $1,000 maximum penalty for each violation is not supported by the record before the Law Division. II. A. As a predicate matter, we affirm the Law Division judge's determination that the municipal trial was not stayed by the … of the Coles when their case was called in order to support a finding of knowing and voluntary waiver. See, …