Wells Fargo Bank, N.A. v. Garner, 416 N.J. Super. 520 (App. Div. 2010). In this opinion by Judge Koblitz, the Appellate Division declared that a purported appeal from a grant of summary judgment in foreclosure action is interlocutory and dismissed the appeal. Such a ruling, and others that result in the foreclosure case being transferred to the Office of Foreclosure, are interlocutory because they do not address the amount due, but only issues relating to the mortgagee’s right to foreclose.
A final judgment in foreclosure is one that fixes the amount due and directs the sale of the property. The appellant could come back after a final judgment and present her issues then. This is yet another variation on the ongoing question as to which rulings are final, and therefore immediately appealable, and which ones are interlocutory and therefore appealable only in the relatively rare circumstances where leave to appeal is granted.