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njcourts.gov
… EnCap paid PEM on a regular basis from June 2006 until May 2007. On August 9, 2006, EnCap and the Commission entered … it would not be entitled to the funds. Indeed, even PEM points out in its brief: An escrow agreement imports a legal … order is not subject to this appeal. Affirmed. … a4302-09.pdf … A-4302-09T4 …
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njcourts.gov
… defendant's "temper has escalated over the years" to the point where she was "constantly in . . . fear of being … State v. Brown, 394 N.J. Super. 492, 504 (App. Div. 2007)); see also N.J.S.A. 2C:25-18. Consequently, "[o]ur law … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a0131-19.pdf … A-0131-19 …
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njcourts.gov
… of [plaintiff's] damages" in maintaining the Hotel to that point. Considering plaintiff's principal damage claim was … Credit Union v. Perez, 391 N.J. Super. 419, 432 (App. Div. 2007). In fact, the term "frivolous" has a restrictive … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a0212-20.pdf … A-0212-20 …
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njcourts.gov
… hindering charge. On appeal, defendant raises the following points for our consideration: POINT ONE THE FACTUAL BASIS … of the motion. See State v. Means, 191 N.J. 610, 619 (2007) (emphasizing that negotiated pleas are entitled to a … 334, 364-65 (1984). 18 A-3640-16T1 Affirmed. … a3640-16.pdf … A-3640-16T1 …
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njcourts.gov
… job took him away from home. Although S.D. had doctor’s appointments while growing up, she did not disclose the abuse, … plain error standard." State v. Burns, 192 N.J. 312, 341 (2007) (citing R. 2:10-2; State v. Torres, 183 N.J. 554, 564 … basis to vacate defendant's sentence. Affirmed. … a3999-14.pdf … A-3999-14T1 …
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njcourts.gov
… On appeal, defendant's counseled brief raises the following point for our consideration: POINT I THE COURT ERRED IN … court cannot enjoy." State v. Elders, 192 N.J. 224, 244 (2007) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)). … in a written opinion. R. 2:11-3(e)(2). Affirmed. … a3033-21.pdf … A-3033-21 – STATE OF NEW JERSEY VS. J.M.G. …
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njcourts.gov
… consolidated for purposes of this opinion. Bowen argues: POINT I THE LOWER COURT ERRED IN DENYING DEFENDANT'S SECOND … Super. 430, 435 (App. Div.), certif. denied, 192 N.J. 482 (2007). Thus, "a defendant who pleads guilty is prohibited … the appropriate gap-time credits. … a1892-14a1909-14.pdf … A-1892-14T2/A-1909-14T3 …
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njcourts.gov
… and mitigating factors. Fermin raises the following issues: POINT I – THE STATE'S CONTROLLED DANGEROUS SUBSTANCE … N.J.R.E. 402; State v. Williams, 190 N.J. 114, 122-23 (2007). Relevant evidence may be excluded by the trial court … R. 2:11-3(e)(2). Affirmed. … a4031-15a4086-15a4605-15.pdf … A-4031-15T1/A-4086-15T1/A-4605-15T1 …
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njcourts.gov
… and then walked around to the back of the car. At this point, Thompson and Roberts approached Dustin; following a … . ." State v. Gaither, 396 N.J. Super. 508, 514 (App. Div. 2007). He also does not detail what would have been … in a written opinion. R. 2:11-3(e)(2). Affirmed. … a1647-21.pdf … A-1647-21 – STATE OF NEW JERSEY VS. BASIM HENRY …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … over pretrial proceedings and their "inherent discretionary power to impose sanctions"). On remand, the trial court may … and remanded. We do not retain jurisdiction. … a2402-19.pdf … A-2402-19 …
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njcourts.gov
… firm, Cubist Pharmaceuticals, Inc. The board appointed a “Working Group” of three of its members to … shareholder to inspect documents -- preserves the court’s power to grant inspection to shareholders, for a proper … opinion. JUSTICE SOLOMON did not participate. … a_34_18.pdf … A-34-18 …
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njcourts.gov
… National Mortgage Association, likely leading to the appointment of a new servicer and assignment of new counsel. … to sit idly by and permit injustice to prevail," but was "empowered to revisit the prior ruling and right the proverbial … in a mortgage foreclosure action. Affirmed. … a4132-16.pdf … A-4132-16T1 …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … Procedures then in effect. The arbitrator shall have the power to rule on his or her own jurisdiction, including any … a written opinion. R. 2:11-3(e)(1)(E). Affirmed. … a2514-21.pdf … A-2514-21 – SHADI RAMADAN VS. LIPPOLIS ELECTRIC, INC., …
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njcourts.gov
… April 23, 2018 – Decided Before Judges Accurso and O'Connor. On appeal from the New Jersey Department of Human … following facts are uncontested. V.S. executed a durable power of attorney on June 13, 2015, naming his son, S.S., as … whole, R. 2:11-3(e)(1)(D), we affirm. Affirmed. … a3452-16.pdf … A-3452-16T4 …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … 555, 567 (1998). "The Legislature has vested PERC with 'the power and duty, upon the request of any public employer or … but based on established case law. Affirmed. … a1306-17.pdf … A-1306-17T1 …
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njcourts.gov
… in favor of plaintiff Kendra Fitts. After a review of the contentions in light of the record and applicable legal … Co., 5 N.J. 21, 24 (1950)). Moreover, "[a] court has no power to rewrite the contract of the parties by substituting … credible evidence in the record. Affirmed. … a3898-16.pdf … A-3898-16T1 …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." … the statute as applied to him violates the separation of powers doctrine is also unavailing. As our Supreme Court has … a written opinion. R. 2:11–3(e)(1)(E). Affirmed. … a3244-16.pdf … A-3244-16T3 …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … that in accordance with the doctrine of in pari materia we power to act as an authorized representative is valid until … this opinion. We do not retain jurisdiction. … a4264-16.pdf … A-4264-16T1 …
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njcourts.gov
… motion practice, it was ultimately established by a court-appointed forensic accountant that defendant had not disclosed … lengthy litigation") . Although we sparingly exercise the power to make original fact-findings, we may do so when the … The order of the trial court is so modified. … a5579-16.pdf … A-5579-16T2 …
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njcourts.gov
… APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although … It has been well-established, for example, that the power to grant summary judgment when appropriate does not … this opinion. We do not retain jurisdiction. … a0334-15.pdf … A-0334-15T3 …