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On this date in 1962, the Supreme Court decided Sarner v. Sarner, 38 N.J. 463 (1962). The Court’s unanimous decision there, along with Sunset Beach Amusement Corp. v. Belk, 33 N.J. 162 (1960), on which Sarner relied extensively, is a foundation stone of the “fund in court” doctrine. That doctrine is currently embodied in Rule 4:42-9(a)(2), but was also contained in the predecessor rule that governed in Sarner. The fund in court doctrine is one basis for an award of attorneys’ fees. As Justice Schettino stated in Sarner, “[t]he term ‘fund in court’ is...

Since this is an appellate law blog, its “anniversary” posts (as well as all or virtually all others) deal with appellate decisions. Today’s post is an exception, in that it is the anniversary of Garden State Equality v. Dow, 433 N.J. Super. 347 (Law Div. 2013), decided six years ago today. The opinion, authored by Judge Jacobson, is an extremely useful discussion of stays pending appeal, the criteria for such stays, and the relevant prior decisions. The underlying case involved same-sex couples who sued for the right to marry. Judge Jacobson granted summary judgment to...