Appellate Law NJ Blog
  • Home
  • Bruce Greenberg
Nov 17

Headed for the Supreme Court: Do Auction Sales Contracts Require a Three-Day Attorney Review Provision?

Posted by Bruce D. Greenberg on Nov 17, 2020 in Appellate Division, Effect of decisions by other courts, Judges, Standards of review | 0 comments
Sullivan v. Max Spann Real Estate & Auction Co., ___ N.J. Super. ___ (App. Div. 2020). As Judge Firko stated in the first sentence of her opinion in this case, this was an appeal “from a July 22, 2019, order entering judgment finding that real estate auction sales contracts prepared by attorneys, licensed real estate brokers or salespersons, need not contain the three-day attorney review clause mandated by N.J. State Bar Ass’n v. N.J. Ass’n of Realtor Boards, 93 N.J. 470 (1983), and codified in N.J.A.C. 11:5-6.2(g), when a blank, pre-printed contract is sent to a...
Oct 16

The Appellate Division Corrects Its Ruling in State v. Faber

Posted by Bruce D. Greenberg on Oct 16, 2020 in Appellate Division, Criminal law, Effect of decisions by other courts, Judges, Standards of review | 0 comments
State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). As discussed here, last month, the Appellate Division affirmed defendant’s Municipal Court convictions but remanded for correction of his sentence. The panel cited two matters that the Law Division had overlooked in sentencing. One of those was a statutory requirement that defendant install an ignition interlock in his vehicle. Today, however, the panel issued an opinion that “revises and replaces” the prior ruling. Judge Fuentes explained the reason for that. “After the opinion was published, the State filed a...
Sep 3

A Municipal Court Appeal Triggers the Appellate Division’s “Didactic Role as an Intermediate Appellate Court”

Posted by Bruce D. Greenberg on Sep 3, 2020 in Appellate Division, Criminal law, Effect of decisions by other courts, Judges, Standards of review | 0 comments
State v. Faber, ___ N.J. Super. ___ (App. Div. 2020). Today’s opinion by Judge Fuentes in this case, which originated in Municipal Court and then went to the Law Division, makes an important point: the Appellate Division reviews not the ruling of the Municipal Court, but that of the Law Division, which engages in de novo review of the Municipal Court. As a result, defendant’s conviction on DWI, reckless driving, and failure to maintain lanes was affirmed, though the sentence required correction. The Municipal Court, in finding defendant guilty, imposed fines and penalties, as...
« Older Entries

About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

Subscribe

  • reader reader
  • Subscribe to Appellate Law NJ Blog by Email

Archives

Links

  • An Appeal to Reason – California Appellate blog
  • Class Action Blawg
  • De Novo- Virginia Appellate Law blog
  • Florida Appellate Review
  • How Appealing
  • Maine Appeals Blog
  • New York Appellate Law blog
  • NJ Judiciary
  • On Brief – Iowa Appellate Law Blog
  • Third Circuit Blog
  • Third Circuit Court of Appeals

Categories

  • Administrative agency actions
  • Administrative matters
  • Appellate Division
  • Attorneys fees
  • Case management
  • Chancery issues
  • Class actions
  • Constitutional law
  • Consumer protection
  • Contract interpretation
  • Criminal law
  • Discovery
  • Effect of decisions by other courts
  • Judges
  • Jury issues
  • Municipal land use
  • Notable opinion writing
  • Pleadings
  • Practice Pointers
  • Standards of review
  • Statutory interpretation
  • Summary judgment
  • Supreme Court of New Jersey
  • Third Circuit Court of Appeals
  • Uncategorized
  • United States Supreme Court

Tags

Administrative agency actions Appendix Arbitration Briefs Chief Justice Stuart Rabner Court Rules Family Part interlocutory vs. final decisions Judge Allison Accurso Judge Anthony Parrillo Judge Carmen Alvarez Judge Carmen Messano Judge Clarkson Fisher Judge D. Brooks Smith Judge Douglas Fasciale Judge Ellen Koblitz Judge Heidi Willis Currier Judge Jack Sabatino Judge Jose Fuentes Judge Julio Fuentes Judge Marianne Espinosa Judge Marie Lihotz Judge Mary Catherine Cuff Judge Mitchel Ostrer Judge Patty Shwartz Judge Stephen Skillman Judge Susan Reisner Judge Thomas Ambro Judge Thomas Hardiman Judge Victor Ashrafi Justice Anne Patterson Justice Barry Albin Justice Faustino Fernandez-Vina Justice Helen Hoens Justice Jaynee LaVecchia Justice Lee Solomon Justice Roberto Rivera-Soto Justice Walter Timpone Law of the case Makeup of court Notice of appeal Prerogative writ appeals Standing Statute of limitations Waiver

Designed by Elegant Themes | Powered by Wordpress