Normally, when the Appellate Division perceives that a purported appeal as of right, which must be from a final judgment, is in fact an interlocutory appeal from a non-final judgment, the court will dismiss the appeal. That is because there ...
Crystal Ice-Bridgeton, LLC v. City of Bridgeton, 428 N.J. Super. 576 (App. Div. 2012). Plaintiff’s building caught fire. Bridgeton firefighters responded and were at the site for nine hours. While the fire was still raging, Bridgeton’s Fire Chief determined that, in the ...
Giles v. Campbell, 698 F.3d 153 (3d Cir. 2012). Federal Rule of Civil Procedure 25 addresses what happens when a party dies during the pendency of a case. Plaintiff, a Delaware prisoner, brought excessive force claims against corrections officers, including ...
Natural Medical, Inc. v. New Jersey Dep’t of Health & Human Services, 428 N.J. Super. 259 (App. Div. 2012). This decision, written by Judge Parrillo, involved plaintiff’s interest in opening an alternative treatment center to cultivate and distribute marijuana pursuant to the ...
Elliott v. Archdiocese of New York, 682 F.3d 213 (3d Cir. 2012). Federal Rule of Civil Procedure 54(b) states that a district court may direct entry of a final judgment as to fewer than all claims or parties, which would allow an ...
House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to certify as final, under Rule 4:42-2, an order that is purely ...
Rubessa v. Warner, 2012 WL 1468789 (App. Div. April 30, 2012). In spite of frequent warnings that interlocutory appeals improperly brought as final will be dismissed, the Appellate Division occasionally overlooks that distinction and grants leave to appeal nunc pro tunc ...
Spinelli v. Echeverry Industries, LLC, 2012 WL 370666 (App. Div. Feb. 7, 2012). Rule 2:8-3 authorizes parties on appeal to move for summary disposition of that appeal at any time. It is not often that such motions get granted, however, ...
Bell Tower Condominium Ass’n v. Haffert, 423 N.J. Super. 507 (App. Div. 2012). A condominium association imposed a special assessment on each of its five unit owners. The purpose of the assessment was repairs. Defendants, who owned the largest unit, were assessed ...
Johnson v. Downe Tp. Combined Planning/Zoning Bd., 2012 WL 33897 (App. Div. Jan. 9, 2012). How many times has the Appellate Division warned that a purported appeal as of right from a decision that does not dispose of all issues as ...