Filters
- A-3228-15T3 Opinionnjcourts.gov… moved to vacate the default judgment in February 2016. In a supporting certification, he denied he received the … evidence. See R. 1:6-6 (requiring admissible evidence in support of motions). Furthermore, the postcard does not …
- A-5529-17T3 Opinionnjcourts.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 …
- A-1629-19T1 Opinionnjcourts.gov… at 2:41 p.m., 2:44 p.m., 3:30 p.m., and 4:29 p.m. In support of their motion, defendants filed a certification … [c]ourt is satisfied with the certifications submitted in support of the contention that the method by which an e-mail … of the validity of an arbitration agreement and the legal determinations made by the trial court is de novo. Morgan v. …
- A-0940-19T1 Opinionnjcourts.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 …
- A-5581-18T1 Opinionnjcourts.gov… difficulty keeping his balance. He grabbed onto the car for support to keep from falling. The officer noticed … that he had an opportunity to make a 5 A-5581-18T1 determination as to where defendant's car had its "initial … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-5674-18T1 Opinionnjcourts.gov… facts from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … [must be filed] in accordance with [Rule 4:86] for the determination of his or her mental incompetency and the … of defendant's alleged power of attorney, the determination of which had no bearing on plaintiff's standing. …
- A-0246-19T2 Opinionnjcourts.gov… was determined to be smaller than previously mentioned, it supported a finding that defendant "had been in possession … the judge's decision on the motion to dismiss to be fully supported by the record. Defendant also contended that …
- A-4560-18T3 Opinionnjcourts.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 …
- A-3494-17T4 Opinionnjcourts.gov… to protect the identity of the victim. 3 A-3494-17T4 children. Defendant and Ortiz went back to Home Depot a … reckless acts when there are no reckless acts or facts to support an act of recklessness . . . ." In her reasoning, … manslaughter. We discern no error in the court's determination not to charge the jury with the lesser- included …
- A-3557-18T1 Opinionnjcourts.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 …
- A-0432-18T1 Opinionnjcourts.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 …
- A-3126-17T3 Opinionnjcourts.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." …
- A-0372-17T4 Opinionnjcourts.gov… the indictments. Each of the four Cofield factors is supported by the record. First, evidence of each incident is … These are separate counts of the indictment. In your determination of whether the State has proven the [d]efendant … we were to consider defendant's argument, does the record support a conclusion that the failure to give a disguise …
- A-5624-18T3 Opinionnjcourts.gov… Division judge concluded the factual basis was adequate to support the guilty plea. Defendant raises the following … the factual basis to a guilty plea," do "not mak[e] . . . determination[s] based on witness credibility or the feel of … trial court." Ibid. The necessity for a factual basis to support a guilty plea is rooted in due process. See McCarthy …
- A-2650-18T3 Opinionnjcourts.gov… incorrectly at the time the earlier order was entered. In support of her application, Calero submitted wage statements … factual findings "unless they are 'manifestly unsupported by or inconsistent with competent[,] relevant and … wage reconstruction for calculation of wages for determination of benefits for partial permanent disability." …
- A-2607-18T3 Opinionnjcourts.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., …
- A-3209-18T3 Opinionnjcourts.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 …
- A-3820-17T2 Opinionnjcourts.gov… WHO CONTENDED THAT HER VOTE OF GUILT DID NOT REFLECT HER DETERMINATION. POINT III DEFENDANT'S SENTENCE IS MANIFESTLY … in evidence. This contention lacks merit. 7 A-3820-17T2 In support of his motion, defendant relied upon N.J.S.A. … jurors. We discern no basis for disturbing this reasoned determination. Our courts have long recognized a privilege …
- A-62-21 Opinionnjcourts.gov… interpreted the law." DepoLink Court Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … not 12 A-4148-19 engage in a strained construction to support the imposition of liability." Longobardi v. Chubb …
- A-3951-17T2 Opinionnjcourts.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 …