njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … testing. The judge who heard the petition on September 28, 2007, ruled that it was time-barred, having been filed more … 29, 2017. Now on appeal, defendant raises the following points: POINT I EVIDENTIARY HEARINGS ARE REQUIRED BASED ON …
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… 23, 2025 Before Judges Gooden Brown and Torregrossa- O'Connor. On appeal from the New Jersey State Parole Board. … "capable of evading review." 6 A-3766-22 He further argues: POINT I THE COURT SHOULD REVERSE THE BOARD'S DECISION … 106 n.1 (App. Div. 2001) (explaining that this court is empowered to "dismiss [a claim] on the ground that the issue …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … judge. "Appellate courts can consider a case only to the point at which it had been unfolded . . ." before the trial … standing "involves a threshold determination of the court's power to hear the case." Id. at 418. "A dismissal for lack …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to "determine whether or not an attorney in fact shall be appointed and if the sale proceeds shall be held in escrow." … court made factual findings and, within its general equity powers, determined, based upon the facts establishing a …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … The ex-husband retired in or about July 2018. By that point, the ex- husband had designated his second wife as the … 231 (2015) (emphasizing trial courts' "broad discretionary power to adapt equitable remedies to the particular …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … nature'; a non-movant will be unsuccessful 'merely by pointing to any fact in dispute.'" Prudential, 307 N.J. … Ltd., 219 N.J. 395, 406 (2014) (quoting Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 N.J. 576, 594 …
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… that she and her former husband were involved in a contentious matrimonial action. A final judgment of divorce … notice must expressly state, among other things, in bold 14-point type: WITH LIMITED EXCEPTIONS, THE NEW JERSEY … terms.” [Smith, 180 N.J. at 216 (quoting Alexander v. N.J. Power & Light Co., 21 N.J. 373, 378 (1956)).] 10 This court …
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… Joseph L. Roselle, on the brief). PER CURIAM This appeal concerns a teacher-tenure arbitration conducted pursuant to … the arbitrators exceeded or so imperfectly executed their powers that a mutual, final and definite award upon the … 4 A-5336-15T1 On August 7, 2015, the District's State-Appointed Monitor, Michael Azzara, filed tenure charges …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … by the record. We only briefly comment on a few of the main points presented by Life Care. Life Care argues in its brief … Corp., 53 N.J. 404, 411 (1969) (confirming the "inherent power" of a compensation judge to call and examine expert …
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njcourts.gov
… clearly exculpatory as to induce a rational grand juror to conclude the State has not made out a prima facie case … proximity of Mr. Higgins Jeep final resting place and the point of collision with the victims. As N.J.S.A. 39:4-129 … is founded upon reason or was dictated by an intimidating power or by malice and personal ill will." Mr. Higgins is …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … to Counts One, Two and Three.3 On appeal, defendant argues: POINT I DEFENDANT WAS DEPRIVED OF A FAIR TRIAL WHEN S.K.'S … her incapable of exercising normal physical or mental power of resistance, a 14 A-3540-14T4 fact defendant knew or …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … handwritten agreement with some additional terms. By that point, plaintiff was no longer under arrest or incarcerated. … Miller, 160 N.J. 408, 419 (1999)). Courts have continuing power to oversee divorce agreements, and the discretion to …
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A-3/4/5-24 Appellate Division Brief Jean Baptiste
Briefs
njcourts.gov
… NO . 15004862 CRIMINAL ACTION ON APPEAL FROM A JUDGMENT OF CONVICTION IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION … . ...... .. ..... . . ...... . .. .. . . 2 LEGAL ARGUMENT POINT II POINT II THE COURT DID NOT ABUSE ITS DISCRETION IN … ... .... ......... 45 State v . D. A., 191 N. J . 1 58 (2007) .......................... . ........... 55 State v . …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … sophisticated and possess comparatively equal bargaining power." County of Passaic, 474 N.J. Super. at 504. The … parties, or other facts bearing upon our analysis on this point. 14 A-1818-23 We are satisfied beyond any doubt, …
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… intended to benefit only some of her grandchildren. We conclude a court may. As the trial court here confined … learned that Jacoba's children had been baptized. Jack points to an unprobated will Violet signed in 1988. It … 134 N.J. Eq. 279, 291 (Ch. 1944) (recognizing judicial power "to effectuate the manifest intent of a testator by …
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… are inequitable. The Township opposed the motion contending that the Subject’s nonuse in either tax year 2020 … for tax years 2020 and 2021 under the court’s equitable powers and principles of equitable estoppel. The Township … for soil testing, prevented such farming). As plaintiff points out, even after the Third Circuit’s decision, it took …
njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … is well established that 'the trial court has the inherent power to be exercised in its sound discretion, to review, … from the dismissal order for excusable neglect. Plaintiffs point to their efforts to "mitigate defendants' exposure" …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … offers the following argument in support of his appeal: POINT I THE PAROLE BAR OF APPROXIMATELY FORTY- THREE YEARS … petition for certification. State v. McGraw, 189 N.J. 427 (2007). Defendant later filed a post-conviction relief …
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… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … confidential. 5 A-5943-17T2 On appeal, plaintiffs argue: POINT [I] DEFENDANTS VIOLATED N.J.S.A. 47:1A-5(i) BY ISSUING … Rugs, Inc. v. Ellman, 394 N.J. Super. 278, 284 (App. Div. 2007) (citing Rova Farms Resort, Inc. v. Inv'rs Ins. Co. of …
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… the Commissioner of the New Jersey Department of Education concluding that the School Funding Reform Act, N.J.S.A. … specifically as they are defined and limited by the powers granted to the Legislature under the New Jersey … opinion. However, the court affirmed the trial court's appointment of the Arc of Bergen and Passaic Counties ("Arc") …