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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 …
- BETH LASCH VS. STUART KOPERWEIS, ET AL. (L-3917-16, MONMOUTH COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… lawsuit, she claimed $55,000 in damages, which is not supported by any documentary evidence in the record. At oral … a motion for summary judgment under Rule 4:46–2, the determination whether there exists a genuine issue with … fun and imaginative environments for, and with, their children." Id. at 80-81. When the plaintiff saw an …
- STATE OF NEW JERSEY VS. JEFFREY R. BUTLER (14-12-3862, CAMDEN COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… of the charge.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 …
- 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." …
- STATE OF NEW JERSEY VS. MICHAEL E. ROSS (06-10-1640, MIDDLESEX COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… States Supreme Court has sent a clear message .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, …
- A.M. VS. M.H.A.H. (FV-07-3276-18, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished Opinionsnjcourts.gov… court's fact-finding should be upheld unless it is not supported by "adequate, substantial and credible" evidence.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 …
- njcourts.gov… on the record the right to appeal from the adverse determination of any specified pretrial motion. If the … courts serve in ratifying plea agreements lends additional support to the principle that appellate courts owe deference … especially because the Law Division judge's ruling finds support by what is not in the record. Specifically, the …
- CHARLES PERKINS VS. RICHARD NOBLETT (L-0068-17, CAPE MAY COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.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 …
- njcourts.gov… the sound discretion of the trial court. As a discovery determination, a trial court's grant or denial of a motion to … motion, i.e., if, accepting as true all the evidence which supports the position of the party defending against the … of the sidewalk at the time of her fall. No evidence supported plaintiff's argument the uneven portion of the …
- 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, …
- TYLER J. HATFIELD VS. FCA US LLC (L-0287-18, BURLINGTON COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… representations made by defense counsel at oral argument unsupported by defendant's expert, and on the unsupported supposition the vehicle that was the alleged lemon … the vehicle "has been sold back to FIAT" and she attached supporting documents evidencing the car had been sold back …
- njcourts.gov… information about criminal activity prior to making any determination to recommend a reduction of the previously … a prosecutor may not be arbitrary or capricious in that determination." Id. at 228. "Although the [Gerns] hearing must … not fall under the Cooperation Agreement. The record fully supports the trial court's determination that defendant did …
- njcourts.gov… that she was in fear for her life and the lives of her children. The complaint also alleged that P.C. texted J.P.Q. … J.P.Q. moved for summary judgment. In an affidavit supporting her motion, she averred that she filed the … certainly be extreme and outrageous. Again, the judicial determination that the testimony was credible, coupled with …
- STATE OF NEW JERSEY VS. JERRY M. LOATMAN, JR. (08-12-0070, SALEM COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.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' …
- KELLY WILLIAMS VS. GLUCK, TOBIN, ESQS, ET AL. (L-4165-17, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.gov… to seek review of cognizable trial court orders or determinations — by identifying them in the notice of appeal — … interpreted the law.'" DepoLink Ct. Reporting & Litig. Support Servs. v. Rochman, 430 N.J. Super. 325, 333 (App. … The judge's factual findings and legal conclusions are well supported on this record. Accordingly, we are satisfied he …
- njcourts.gov… should not engage in a 6 A-2490-19 strained construction to support the imposition of liability." Id. at 442 (quoting … other things, he undertook to observe: piping materials, supports, and insulation; leaks; "[h]ot water systems …
- STATE OF NEW JERSEY VS. EARL L. BARLEY (19-06-1414, ATLANTIC COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.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 …
- 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 …
- njcourts.gov… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … The 16 A-2853-19 Supreme Court's decision in that case supports the Arbitrator's award and the Chancery judge's …
- BRENDA HOPPER VS. LEXUS OF EDISON, ET AL. (L-3162-18, UNION COUNTY AND STATEWIDE) - Unpublished Opinionsnjcourts.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." …