State of New Jersey in the Interest of N.P., ___ N.J. Super. ___ (App. Div. 2018).  This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad issue presented was “whether a juvenile complaint charging a crime or repetitive disorderly persons offense may be diverted without the prosecutor’s consent.”  Judge Messano carefully analyzed the applicable statutory and court rule sources of relevant law, and concl

Thabo v. Z Transportation, 452 N.J. Super. 359 (App. Div. 2017).  Under Rule 4:23-5, failure to make discovery can, in certain circumstances, result in dismissal of a complaint with prejudice.  But Rule 4:23-5 contains “strict notice requirements”  that embody “due process protections,” as Judge Fuentes said in his opinion today in this appeal.  In this breach of contract case, where the Law Division granted dismissal with prejudice, the panel criticized cou

Hamer v. Neighborhood Housing Services of Chicago, 138 S.Ct. 13 (2017).  In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court of the United States explained that an appeal filing deadline mandated by statute is jurisdictional, meaning that a late filing requires dismissal of the appeal.  But a time limit contained in a rule of a court is not jurisdictional, and can be forfeited (most of us would say “waived,” but the Court explaine