A Milestone Date for Motions for Leave to Appeal

On this date in 1956, the Appellate Division decided Romano v. Maglio, 41 N.J. Super. 561 (App. Div. 1956).  For 56 years, that opinion, written by Judge Clapp for himself and Judges Jayne and Francis, has been the gold standard for the basic principles surrounding motions for leave to appeal.  Ironically, however, after stating the now-fabled standards for interlocutory review, the panel noted that it had actually denied leave to appeal, and that the appellant had then contended that the order below was in fact final.  Judge Clapp agreed that the order was final, and the panel’s review of the case proceeded from there.  Thus, the discussion of interlocutory appeals in Romano was arguably mere dicta.  Nonetheless, Romano has become authoritative, and the Supreme Court continues to cite Romano with approval.  See, e.g., Brundage v. Estate of Carambio, 195 N.J. 575 (2008).

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  1. […] 20 N.J. 398 (1956).  Along with Romano v. Maglio, 41 N.J. Super. 561 (App. Div. 1956), discussed here, this opinion remains a leading authority regarding motions for leave to […]

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