On June 27, 2019, following a divorce trial, the judge issued a comprehensive Final Judgment of Divorce on all issues but denied without prejudice my application for counsel fees. [The FJD noted that either party could file an application for fees within 15 days. Both parties did so and we're still waiting for that decision].
In mid-July 2019, I filed for reconsideration of two issues (pertaining to alimony) contained in the FJD.
I received the decision on that motion on January 21, 2020 (6 months later) and need to appeal that denial of my reconsideration motion. .
I've read the court rule requiring that a Judgment be FINAL as to all parties and ALL ISSUES. The counsel fee issue is still out there in Limbo.
I don't want to blow the 45-day deadline for filing a Notice of Appeal as to my motion for reconsideration regarding the alimony determination but I can't say that the Judgment of Divorce was final as to all issues.
Am I worrying about nothing because the Order denying Reconsideration was final as to all parties and all issues raised in THAT motion? I am not appealing the FJD, I am appealing the judge's decision to deny my motion for reconsideration of the alimony portion of the FJD.
I'm concerned that the application for an award of counsel fees incurred during the divorce action - which is still undecided - is something that can render my appeal "interlocutory" but I don't think that that unresolved issue has any connection with the reconsideration application. My head is spinning.
Thanks in advance for any advice on the topic my friends.
Lisa M. Radell, Esq.
207 South Main Street
Cape May Court House, NJ 08210
(609) 465-9910 (Tel)
(609) 465-9920 (Fax)