- #SAMPLE MOTION FOR RECONSIDERATION APPELLATE NJ TRIAL#
- #SAMPLE MOTION FOR RECONSIDERATION APPELLATE NJ PLUS#
On August 1, 2014, the court denied the motion, reasoning plaintiff could not seek summary judgment when its complaint was dismissed for ignoring the prior order to repay defendant. Notwithstanding its complaint was dismissed, plaintiff moved for summary judgment, arguing there was no dispute legal services were performed and no challenge to the amount due. On April 5, 2013, the court granted the motion and dismissed plaintiff s complaint without prejudice. Thereafter, defendant moved to dismiss the complaint, arguing plaintiff failed to return all seized funds, as ordered.
Although defendant served plaintiff with a copy of his answer, he failed to file his answer with the court. Plaintiff then successfully served its summons and complaint upon defendant.
#SAMPLE MOTION FOR RECONSIDERATION APPELLATE NJ TRIAL#
On remand, the trial court determined defendant had not been served with the summons and complaint and, on December 20, 2011, entered an order vacating the default judgment and directing plaintiff to return to defendant any funds it had seized in its efforts to collect the judgment. The Supreme Court granted defendant's petition for certification, and summarily remanded the matter to the trial court to determine whether plaintiff complied with Rule 4:4-4(b)(1) and served defendant with the summons and complaint. We affirmed on appeal in an unpublished decision. The trial court denied the motion on the grounds defendant had failed to appeal the default judgment and to establish a meritorious defense. Several months later, defendant filed a motion to vacate the default judgment, arguing it was void because he had never been served with the summons and complaint.
#SAMPLE MOTION FOR RECONSIDERATION APPELLATE NJ PLUS#
The trial court eventually entered default judgment against him for $66,719.56, plus interest. In 2008, plaintiff filed a complaint against defendant for non-payment of attorney's fees. Plaintiff was a law firm that had represented defendant Edward Feuer in a criminal matter. We reverse the provision in the Februorder denying plaintiff's motion for reconsideration of the Octoorder and remand for further proceedings. We dismiss the appeals from the Decemorder and the provision in the Februorder denying plaintiff's motion for reconsideration of the Augorder. The provision in the Februorder denying reconsideration of the Augorder denying it summary judgment and (3) the provision in the Februorder denying reconsideration of the Octoorder denying reinstatement of the complaint under Rule 1:13-7.
appeals from (1) the Decemorder vacating default judgment (2) Plaintiff Kleeblatt, Galler, Abramson, L.L.C. On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited.