Re: Question regarding execution of NJ Special Civil Part judgment and appeal
What is the name of your state? New Jersey
Hi,
I was the plaintiff in a special civil part case in Hudson Co. I sued two individuals, but I put both their names and addresses individually on the Special Civil Part summons and return of service documents filed with the court. They were both listed separately and served separately. They both responded separately, but same court date, same hearing.
The primary Defendant A was sued for $4,000 and Defendant B, his associate, was sued for $2,000, for a web development project totaling $6,000.00. Bottomline, these defendants took 2.5 years to do a job they said would take three months. We had to deal with every excuse imaginable--every excuse. The judge steam rolled them in court and ruled in our favor for the full $6,000. The Main defendant A is now appealing the decision and filed within 45 days. He has counsel now.
Defendant B has not filed a motion to appeal within the 45 day allotment. Defendant B was supposedly a subcontractor of Defendant A, but we paid him directly in his personal name. We think he is assuming that he is covered by Main Defendant A's appeal. However, the final judgment was against both of them. The judge never made any distinction between the amount the defendants owed and simply ruled in favor of plaintiff for $6,000.
I would be grateful if you could answer my questions.
1. Is defendant 2 covered under main defendant's appeal? Depending on the outcome of the Defendant A's appeal, are we legally entitled to go after defendant 2 for the FULL $6,000 amount, even though his portion was really $2,000. The judge never made any distinction. Defendant B never filed for appeal.
2. Is it true that in New Jersey, the Main Defendant A's attorney can only argue the validity of the judge's application of law towards the testimony in the transcript? I was told that they can't bring new evidence or witnesses to an appeal.
3. How long do these cases approximately take to get heard in the appellate system?
Thank you for your time and valuable insight.
What is the name of your state? New Jersey
Hi,
I was the plaintiff in a special civil part case in Hudson Co. I sued two individuals, but I put both their names and addresses individually on the Special Civil Part summons and return of service documents filed with the court. They were both listed separately and served separately. They both responded separately, but same court date, same hearing.
The primary Defendant A was sued for $4,000 and Defendant B, his associate, was sued for $2,000, for a web development project totaling $6,000.00. Bottomline, these defendants took 2.5 years to do a job they said would take three months. We had to deal with every excuse imaginable--every excuse. The judge steam rolled them in court and ruled in our favor for the full $6,000. The Main defendant A is now appealing the decision and filed within 45 days. He has counsel now.
Defendant B has not filed a motion to appeal within the 45 day allotment. Defendant B was supposedly a subcontractor of Defendant A, but we paid him directly in his personal name. We think he is assuming that he is covered by Main Defendant A's appeal. However, the final judgment was against both of them. The judge never made any distinction between the amount the defendants owed and simply ruled in favor of plaintiff for $6,000.
I would be grateful if you could answer my questions.
1. Is defendant 2 covered under main defendant's appeal? Depending on the outcome of the Defendant A's appeal, are we legally entitled to go after defendant 2 for the FULL $6,000 amount, even though his portion was really $2,000. The judge never made any distinction. Defendant B never filed for appeal.
2. Is it true that in New Jersey, the Main Defendant A's attorney can only argue the validity of the judge's application of law towards the testimony in the transcript? I was told that they can't bring new evidence or witnesses to an appeal.
3. How long do these cases approximately take to get heard in the appellate system?
Thank you for your time and valuable insight.