Zahl v. Eastland, 2019 WL 2025237 (App. Div. May 8, 2019). [Disclosure: I argued this appeal for the successful defendants-appellants, having come into the case after the Law Division entered judgment against defendants]. This was a legal malpractice case in which the Law Division entered a default judgment against defendants of over $1,057,000. Defendants appealed, and today the Appellate Division (Judges Messano and Fasciale) reversed in an unpublished opinion. The panel adopted defendants’ characterization of the proceedings that led to the default judgment as a “train...
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Supplementary Statement of Reasons by a Trial Level Judge, Redux
Posted by Bruce D. Greenberg on Jul 26, 2018 in Appellate Division, Judges, Practice Pointers | 0 comments
Abdelkader v. Hosny, 2018 WL 3579897 (App. Div. July 26, 2018). In State in Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018), discussed here, Judge Messano discussed the purpose of Rule 2:5-6(c). That rule, which allows a trial judge to produce a supplementary statement of reasons for his or her decision following the filing of a motion for leave to appeal, permits the judge to “permit the trial judge to alert [the Appellate Division] to an issue that would benefit from our early intervention, not argue against our involvement.” As Judge Messano also noted there, the...
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