Legal Question in Family Law in New Jersey

Partial remand additional information please

My question is does the appellate court just review the case and decides whether to send it back, or do they make determinations based on the facts then sends it back to the trial court?


Asked on 10/23/08, 11:21 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Partial remand additional information please

No attorney is going to answer this. There is no simple answer. It is a complex topic.

If you have an attorney, and the attorney can not answer your question, fire the attorney. Get someone who can handle this matter, who has been in appellate division court and who handles divorces.

If you do not have an attorney, then get one. Today.

It is very, very, very unusual to appeal a decision in a divorce-type case.

You are likely to be more successful with an attorney representing you.

Please call me if you would like me to assist you. I am in Hackensack, right across from the Bergen County Courthouse.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/23/08, 11:35 am
Gary Moore Gary Moore Attorney At Law

Re: Partial remand additional information please

The appellate division retains jurisdiction over the case. It proceeds with the appeal after it receives the trial courts determination on the unresolved issues.

To put the answer in your language, what the trial court does is communicated to the appellate division for its review.

Gary Moore

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Answered on 10/23/08, 12:17 pm


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