Tag: Judge Clarkson Fisher

Involuntary Commitments Orders Don’t Become Moot Merely Because Confinement Has Ended

In re Civil Commitment of C.M., 458 N.J. Super. 563 (App. Div. 2019).  The doctrine of mootness enables courts to avoid disputes that are not “live.”  Today’s opinion by Judge Fisher, in the context of three appeals that pose the ...

If You Appeal But Don’t Follow Through, Don’t Come Back Later With Your Issues From the Abandoned Appeal

Park Crest Cleaners, LLC v. A Plus Cleaners & Alterations Corp., 458 N.J. Super. 465 (App. Div. 2019).  This opinion by Judge Fisher today dismissed an appeal under convoluted facts.  To dramatically oversimplify (and it’s worth reading the opinion, which, ...

Law Against Discrimination is Not Limited by the Compassionate Use Medical Marijuana Act

Wild v. Carriage Funeral Holdings, Inc., 458 N.J. Super. 416 (App. Div. 2019).  Plaintiff in this case under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (“LAD”), used medical marijuana, as authorized by the Compassionate Use Medical Marijuana Act, N.J.S.A. ...

Damages to a Motor Vehicle From an Accident Can Include Damages for the “Stigma” of Being in an Accident Even Though the Vehicle in Question Was Repaired to Its Pre-Accident Condition

Financial Services Vehicle Trust v. Panter, 458 N.J. Super. 244 (App. Div. 2019).  This appeal actually involved four consolidated cases, all of them originating in the Small Claims Part of the Superior Court.  In each case, the plaintiff had been ...

Courts Can Consider Arguments Not Raised Below in Order “To Accomplish a Just Result”

In re Robert Brown, Police Sergeant (PM0622N), City of Salem, 458 N.J. Super. 284 (App. Div. 2019).   As discussed here, in general, appellate courts will not review issues that were not raised in the court below.  In this opinion by ...

The Appellate Division Confesses Error

State v. Berisha, 458 N.J. Super. 105 (App. Div. 2019).  None of us likes to admit our mistakes.  That includes judges, of course, though judges sometimes do change their minds, as discussed here. Yesterday, Judge Fisher issued a panel opinion ...

Legislative Silence About Statute of Limitations When Amending Statute Did Not Effect Reduction of Prior Limitations Period

The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc., 457 N.J. Super. 565 (App. Div. 2019).  This opinion today by Judge Fisher was so legal issue-intensive that he found that the factual “details of these cases need not clutter [his] ...

Applying the Statute of Limitations for Foreclosure Cases

Deutsche Bank Trust Company Americas v. Weiner, 456 N.J. Super. 546 (App. Div. 2018).  Judge Fisher issued this short decision in this case today.  The body of the opinion consumes just four pages of text, with the final word, “Affirmed,” ...

Equitable Adoption Doctrine Cannot be Used to Destroy Inheritance Rights

In re Estate of Douglas Castellano and Parentage of Gregory Bock, 456 N.J. Super. 510 (App. Div. 2018).  This unusually captioned appeal presented a Chancery issue that was right up Judge Fisher’s alley, and it was he who wrote the ...

Tenant May be Evicted for Damage Caused Solely by Subtenant

Rampersaud v. Hollingsworth, 456 N.J. Super. 502 (App. Div. 2018).  The opening paragraph of this opinion by Judge Fisher well summarized the issue on this appeal, and the result.  “In this appeal, a now-evicted tenant of a residential apartment, which ...