NJSBA Family Law Section

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  • 1.  Office Space for Rent

    Posted 02-07-2020 01:48 PM
    Edited by System 12-28-2023 05:31 PM
    Law Office in the center of South Orange Village in PNC  Bank Building.. Spacious with great windows. Will share conference room, reception area and kitchen. Two offices available. One large for attorney and one smaller for secretary/assistant. WIll rent large office only or both spaces. Near train and on bus line.
    .

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    Nancy Feinberg Esq.
    Feinberg & Feinberg
    (973) 378-8886
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  • 2.  RE: Office Space for Rent

    Posted 02-12-2020 10:44 AM
    Hope someone can help answer this question. 

    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)
     





  • 3.  RE: Office Space for Rent

    Posted 02-12-2020 11:08 AM
    Lisa, 
    Appeal issue -
    the requirement that the appeal be taken after final decision on ALL issues is to protect having two appeals stemming from the the same matter, so I read the requirement for final decision on all issues as a condition precedent to filing your appeal. 
    Tom

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    Thomas King Esq LLC
    45 Broadway,
    Denville, NJ 07834
    973-750-8348
    www.njfamily.law www.njdivorce.law
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  • 4.  RE: Office Space for Rent

    Posted 02-12-2020 12:41 PM

    Since you are only seeking to appeal the order denying reconsideration and not the original determination in the JoD I would say you need to file Notice of Appeal now. 

     

    There is place on Notice of Appeal that says If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are being appealed.

    I suggest explaining in that space your situation and that you are seeking to appeal the denial of reconsideration and don't want to be out of time to do so.  If the app div feels that your filing is interlocutory the case manager will likely give you a call and tell you to hold off until have decision on fees but filing the NOA now at least protects your client's rights. 

    I would want to have filed and been rejected than missed the filing deadline b/c the app div felt the recon decision was final.

     

     

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    Grace E. Kelly, Managing Attorney

    Legal Services of Northwest Jersey, Inc.

    91 Front Street

    Belvidere, NJ 07823

    Phone:  (908) 475-2010 x5620

    Fax: (908) 475-1719

    [email protected]   www.lsnj.org/lsnwj

     

     


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  • 5.  RE: Office Space for Rent

    Posted 02-12-2020 12:59 PM
    Without reading/responding to the entire quagmire, be mindful that if it is Interlocutory and you deem it Final and wait 45 days, you are out of time for the Interlocutory. Good luck.





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  • 6.  RE: Office Space for Rent

    Posted 02-12-2020 01:12 PM
    From the App Div's perspective, its not over until the fat lady sings. Final means final as to all issues and all parties.  If your judge has not ruled on the counsel fees, you do not have a final order.  But the procedural quagmire is such that you may need to file both a notice of appeal and a motion for leave to appeal to protect the issue of the motion for reconsideration.  I would suggest calling the Clerk's Office and asking to speak to a staff attorney who might be able to illuminate something here but my guess is they will consider it all interlocutory.

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    Dale Console Esq.
    (609)683-0003
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