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njcourts.gov
… findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … unless we are "'convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant … 2006 lease, we agree with the trial judge's alternative determination that Golf impliedly consented to A-2113-12T2 18 …
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njcourts.gov
… defendant moved to dismiss the complaint 1 Much later, in support of her motion to dismiss plaintiff's complaint, … unless the court has abused its discretion[,] or its determination is based on a mistaken understanding of the … a posture right now that decisions can be made or . . . determinations can be made as to how this case will proceed." …
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njcourts.gov
… contribution fees. The motion, which defendant opposed, was supported by a certification from Holiday City's counsel … XI, § 101.1. (emphasis added).] In these appeals, Berkeley supports Holiday City's argument that only persons …
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njcourts.gov
… the trial court's decision so long as the findings are supported by sufficient credible evidence in the record." … to suppress must evaluate whether the trial court's determination is "so clearly mistaken 'that the interests of … Elders, 192 N.J. at 244). A trial court's factual determinations are entitled to deference because "those …
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njcourts.gov
… be vacated pursuant to Rule 4:50-1 (a), (c) and (d). In support of its position, Fairways argued the judgment was … only the validity of Section 30. The court made no determination with respect to the validity of the remaining … not the doctrine requires judicial action is an equitable determination, subject to the trial court's discretion. Oliver …
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njcourts.gov
… for the practice of dentistry, the Board 's final agency determinations, when issued, are entitled to our deference. … the practice of dentistry." The NJDA further argued that determinations on the scope of the practice of dentistry were … record or in any minutes of the Board which would support the conclusion that the techniques and/or …
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njcourts.gov
… conclusion was consistent with the applicable law and supported by ample evidence in the record. When defendant … findings of the trial court, "so long as those findings are supported by sufficient credible evidence in the record." …
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njcourts.gov
… of the charge. The jury was free to make their own determination as to what they believe the substance of that … the truth and hindering a free flow of information." In support of this argument, defendant cites to State v. … oral opinion, and further add that defendant provides no support for his assertion that if K.B. testified …
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njcourts.gov
… court's fact-finding should be upheld unless it is not supported by "adequate, substantial and credible" evidence. … to the PDVA, a trial court must make two distinct determinations. Silver v. Silver, 387 N.J. Super. 112, 125-27 … acts or threats of violence. Id. at 127. In reaching that determination, there must be a finding that "relief is …
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njcourts.gov
… States Supreme Court has sent a clear message . . . : 'children are different' when it comes to sentencing, and … immediately perish at the scene. But, that fact does not support a finding that the killings were "especially … at the apple. Aggravating sentencing factor one was neither supported by the "nature and circumstances" of these crimes, …
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njcourts.gov
… She waited in the waiting area. There is no evidence to support a finding that she was excluded from the … the police told [d]efendant he was lying is insufficient to support a finding that [d]efendant's statement was not made … Harris confess by appealing to Harris' desire to raise his children. Ibid. Additionally, we found the timing of Harris' …
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njcourts.gov
… "any 9 A-0556-17T1 class or race-based motive which would support a Section 1985(3) claim," and therefore granted … on the same standard that governs the motion judge's determination." RSI Bank v. Providence Mut. Fire Ins. Co., 234 … of action. That is because without a factual and legal determination that the individual defendants either used …
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njcourts.gov
… will "not be disturbed unless 'they are so wholly insupportable as to result in a denial of justice[.]'" Rova … of a reasonable person." Ibid. To guide courts in the determination of whether a condition rises to the level of … defendant. There is sufficient credible evidence to support that finding. Although the trial court did not …
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njcourts.gov
… to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the … 147 (citing McDade, 208 N.J. at 473-74). 16 A-4543-17T1 In support of their motion to file a late notice, plaintiffs … We discern no abuse of discretion in the trial court's determination that such contentions do not constitute …
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njcourts.gov
… R. 5 A-0540-17T3 4:49-1(a). Although we must make our own determination of whether the jury's verdict resulted in a … except upon the basis of a carefully reasoned and factually supported (and articulated) determination, after canvassing the record and weighing the …
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njcourts.gov
… California v. Beheler, 463 U.S. 1121, 1125 (1983)). The determination of whether a person is in custody is an … findings of the trial court so long as those findings are supported by sufficient evidence in the record.'" State v. … not coercive. Sufficient credible evidence in the record supports the trial court's finding that defendant was not …
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njcourts.gov
… Amendment, he limits his reliance to New Jersey case law to support his claim. 11 A-5041-16T2 constitutional … unfair circumstances that have garnered past judicial support for application of the doctrine of fundamental …
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njcourts.gov
… that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." … $55,500 for its work at Lanes Mill. However, the judge's determination that Steven adequately demonstrated that Jupiter was due the lesser amount is supported by sufficient credible evidence in the record and, …
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njcourts.gov
… from the accident and plaintiff's medical records did not support that he was asymptomatic prior to the accident. … abused its discretion, we will not reverse an evidentiary determination unless we conclude it "was so wide of the mark … Pursuant to N.J.R.E. 607, "for the purpose of impairing or supporting the credibility of a witness, any party . . . may …
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njcourts.gov
… FOR RESENTENCING BECAUSE THE COURT BASED THE SENTENCES ON UNSUPPORTED AND UNEXPLAINED SENTENCING FACTORS, FAILED TO … A. The Sentencing Court Did Not Explain the Basis for Its Unsupported Aggravating Factor Findings and Failed to Find … has not demonstrated that there was no probable cause supporting the issuance of the warrant or that the search of …