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New Jersey Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on
Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... View More

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: I am looking for Case Law for an appeal for NJAC 11:5-3(a)
Brian Winters
Brian Winters
answered on Apr 24, 2019

It depends upon the grounds for appeal. What’s the issue?

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Appeals / Appellate Law for New Jersey on
Q: I purchased my car off a mechanic lot that was allowing a person to sell off it, the seller was never there to put on

the temp plates on my car. He left them in my front seat along with a pink sheet for registration which was not filled out correctly and did not have my real NJ Drivers License number on it. I bought in NJ and the temp tag and registration and title where all issued from PA. I signed... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 9, 2019

You stated a lot of facts but no question.

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: can a conditional dismissal be appealed?
William N. Sosis
William N. Sosis
answered on Oct 22, 2018

Appeals from trial court decisions are 'as of right', so most likely yes. But a reliable answer requires that you first speak with an attorney. An attorney will evaluate the specific facts of your case before providing you with the best answer. However, the courts use strict rules and... View More

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for New Jersey on
Q: I was On the beach and was written up for pass consumption without being Breathalyzed ? Is it worth fighting ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 29, 2018

Depends on the exact violation you were charged with.

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Criminal Law for New Jersey on
Q: Public defender representation

I plead guilty to a motor vehicle infraction and now after 2 months I wanna retract my plea for lack of factual basis. I reached out to my public defender and he told me he doesn't work for me any more. Told me I need to reapply for him to represent me. Is this true? If I reopen a case, he was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 20, 2018

Generally you would need to pay the public defender again, if the judge even Grants you a public defender.

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1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Litigation for New Jersey on
Q: Can a case that was heard and ruled on 8 months ago go back to court if I feel ruling was unfair?

The other party (my ex) and their attorney presented many pages of text exchanges between ex and my new sig other, I'd say approx 75-100 texts over the course of 6 month for so.. They were all printed out. Some just showed my name, then after I was removed as a "contact" they showed... View More

Santo Artusa Jr.
Santo Artusa Jr.
answered on Apr 20, 2018

You would have to file a motion to set aside the order based on what you may believe is fraud/mistake, etc. This usually needs to be filed within 1 year of the order but the sooner the better. Can you prove you did not send that text?

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for New Jersey on
Q: How to appeal a granted default judgement while my motion to vacate was denied at the same time based on paper?

I've been in a fee dispute, was sued at Special Civil Part in Monmouth. I responded as pro se. I didn't go to a 9/5/17 trial as I had never received the court notice.

The plaintiff filed a motion for default. I (mistakenly) filed a motion to vacate as response, simply stating I... View More

Michael David Siegel
Michael David Siegel
answered on Dec 14, 2017

File the motion again but put more information in it. Also do it as order to show cause.

1 Answer | Asked in Child Custody and Appeals / Appellate Law for New Jersey on
Q: How can i get return custody of my kids from dcpp if there not adopted yet, even though my right were taken ayear ago ??

I was addicted to percocets during my pregnancy so my kids were taken after my baby was born 5 yrs ago, as of last year my right were taken. Ive been clean now over 2 years and im still n out patient rehab, i attend NA/AA meetings 3 times aweek for 3 yrs now, i received one on one counseling for 3... View More

Bari Weinberger
Bari Weinberger
answered on Nov 15, 2017

Hello, and so very sorry to hear about all that you have gone through. Having your parental rights terminated is devastating to parents without question. You can challenge the decision to terminate your parental rights in court. It's technically called a 4:50 motion and in your court papers... View More

1 Answer | Asked in DUI / DWI, Products Liability, Appeals / Appellate Law and Municipal Law for New Jersey on
Q: What can I expect at court? How much would the fines be? Could I lower ask for the judge to lower the fine?

I had a sealed water bottle of about half of liquor. I was on line to attend to a frat party whe then cops stopped me when I was holding the bottle of water. He asked me if that was alcohol and I didn’t know what to say so I looked at my friend. Then the cop started to yell at me. I wasn’t... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 22, 2017

If you put alcohol in the bottle it was no longer sealed it was an open container under the law. Because you have not given a violation number we cannot tell you the penalties you face and what can be done. That being said if it is a 2C charge you bugged problem is not the fine but possible jail... View More

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: If a civil case in New Jersey was won, how long the the loser have to file an appeal in Federal Court?
Leonard R. Boyer
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answered on Jul 8, 2017

If a case is lost in NJ at trial level, the next step is to seek an appeal to the Appellate Division. Appeals are expensive and the vast majority of them are not successful. You should expect to pay an initial retainer of $10,000 or more, plus filing fees and costs of transcripts. An hourly rate of... View More

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Banking for New Jersey on
Q: how do i appeal a class action southern district of ny i was an objector and class member ?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

If you "opted out" of the class action lawsuit, you need to file your own civil suit.

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1 Answer | Asked in Immigration Law, Adoption, Appeals / Appellate Law and Child Custody for New Jersey on
Q: How to make an appeal against visa refusal for F4 Category?

My uncle is sponsored under F4 category. He has a family of five which includes his wife, two children and an adopted daughter. The adopted daughter was adopted in 2012 when she was at age 12 and has been living with my uncle for 6 years. My uncle had his interview yesterday but the adopted... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2016

Your question is very complex and fact sensitive. You will need an in person consultation with an experienced immigration attorney right away. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for New Jersey on
Q: Have a sanction from Feb. 2016. Lived in another state and received benefits. TRO in place. Sanction legal?

Custody and child abuse issues came up in June. Returned to NJ to get my son. Had court about 6 times with father, we share custody. Issue not resolved future court dates pending. Can a sanction still be in place when I was no longer living in the state? It's been 5 months since I received... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

unclear what you mean by sanction. contact court asap

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: Can I win on appeal?

My case was dismissed with prejudice from a lower court due to statute of limitations.

Unfortunately, that judge was wrong, so I appealed and provided my evidence to prove that I was under the statute of limitations.

What is the turnaround time for the court of appeals to review all... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

You needed an attorney back then. That is evident from the way you ask your question.

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: How can I win a NJ municipal appeal for lawn care? Due diligence was done. Will appelate judge care?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 28, 2015

It is probably way to late to answer this question. What you needed was an attorney on your side. You do not know the rules of procedure or the evidence code, or the law. These things are what attorneys are trained in, and even the easiest of cases is actually quite difficult. When you have legal... View More

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: Need my Social Security Disability money (retro), garnishment from my SSD lifted, What can I do?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Hire an attorney? You asked this some time ago. I hope you have found an adequate answer by now.

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: In the recent case "State vs Saladin Thompson" where the defendant was convicted of murder but the conviction was vacate

Conviction vacated on a tecnicality(Judge in Appealite) didn't question Prosecutor on reasons for dismissing 7 of 9 African-Americans Will Prosecutors notes be made to be open to the Defense?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

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