Fletcher v. Camden County Prosecutor’s Office, 2010 WL 4226150 (App. Div. Oct. 27, 2010).  In this appeal from a summary judgment, the Appellate Division questioned whether the appellate record was the same as the motion record below.  Somewhat unhappily, the ...

Wells Fargo Bank, N.A. v. Garner, 416 N.J. Super. 520 (App. Div. 2010).  In this opinion by Judge Koblitz, the Appellate Division declared that a purported appeal from a grant of summary judgment in foreclosure action is interlocutory and dismissed ...

In re Hearn, 417 N.J. Super. 289 (App. Div. 2010).  In this published opinion by Judge Ashrafi, the Appellate Division recognized that it gives deference to an agency’s view of its own regulations.  Despite that, the court held that the Merit System ...

Kalathia v. PMM, Inc., 2010 WL 4156769 (App. Div. Oct. 25, 2010).  The court criticized the failure of the appellant to include in his appendix the contract that was at the center of the case.  After the court requested it, ...

Siete Urban Associates v. Pitney, Hardin, Kipp & Szuch, 2010 WL 5426650 (App. Div. Oct. 25, 2010).  In this opinion, the Appellate Division decried the practice of “dismissals without prejudice entered for the sole reason of making an old case ...

Hillcrest Garden, Inc. v. Victorian Florist, Inc., 2010 WL 4137191 (App. Div. Oct. 22, 2010).  In this credit contract appeal, the agreement provided for “reasonable attorneys’ fees of 25% of the unpaid balance due” if suit had to be brought ...

When may one Appellate Division panel overturn a decision of another panel in a prior interlocutory appeal in the same case?  That is the question in Lombardi v. Masso, in which the Supreme Court has just granted certification.  The trial ...

Marcinczyk v. State of New Jersey Police Training Comm’n, 203 N.J. 586 (2010).  Apart from the substantive guidance provided by the Supreme Court in this Tort Claims Act opinion by Justice Long, for a 4-3 majority of the Court, this ...