Search Rutgers Law Library N.J. Court Opinions

1 KIMBA MEDICAL SUPPLY v. ALLSTATE INSURANCE COMPANY OF NJ -- rank: 1000

... no further appeal or review of the judgment or decree." N.J.S.A. 2A:23A-18(b). However, case law has clarified that our appellate courts ... conformity therewith and be enforced as any judgment or decree." N.J.S.A. 2A:23A-18(b). "There shall be no further appeal or review of ...

docket:	a1443-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-05
status:	published
citation:
Document Size:	93684

2 KIMBA MEDICAL SUPPLY v. ALLSTATE INSURANCE COMPANY OF NJ -- rank: 1000

... no further appeal or review of the judgment or decree." N.J.S.A. 2A:23A-18(b). However, case law has clarified that our appellate courts ... conformity therewith and be enforced as any judgment or decree." N.J.S.A. 2A:23A-18(b). "There shall be no further appeal or review of ...

docket:	a1902-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-05
status:	published
citation:	431 N.J.Super. 463 70 A.3d 725
Document Size:	93859

3 CITIZENS UNITED RECIPROCAL EXCHANGE v. NORTHERN NJ ORTHOPEDIC SPECIALISTS -- rank: 989

... judgment or decree shall be entered by the [trial] court[.]" N.J.S.A. 2A:23A-18(b). N.J.S.A. 2A:23A-18(b) then provides: "There shall be no further appeal or ... review of the judgment or decree." Our Supreme Court upheld N.J.S.A. 2A:23A-18(b) in Mt. Hope Dev. Assocs. v. Mt. Hope Waterpower ... limited appellate review." Id. at 152. We have held that N.J.S.A. 2A:23A-18(b) "does not bar our review of . . . the judge's ...

docket:	a0945-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-06
status:	published
citation:	445 N.J.Super. 371 138 A.3d 559
Document Size:	46890

4 JOHN DIMAGGIO v. DIANE F. DIMAGGIO -- rank: 918

... first consider the scope of our jurisdiction in light of N.J.S.A. 2A:23A-18(b). Generally, an appeal of a trial court's confirmation of an arbitration decision is barred by N.J.S.A. 2A:23A-18(b). The legislative intent of the statute is made explicit ... no further appeal or review of the judgment or decree." N.J.S.A. 2A:23A-18(b. There are limited exceptions, however. For example, the Supreme ... subject to review beyond that which is provided for in N.J.S.A. 2A:23A-18." Ibid. Similarly, we determined that when a trial judge misapplies ... and "acted within APDRA's bounds[,] . . . we are bound by N.J.S.A. 2A:23A-18(b) to dismiss the appeal. . . . regardless of whether we may ... trigger any of the exceptions, either specific or broad, to N.J.S.A. 2A:23A-18(b) that would allow us to exercise jurisdiction over ...

docket:	a2055-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-30
status:	unpublished
citation:
Document Size:	17338

5 CRANIO ASSOCIATES v. ENCOMPASS INSURANCE COMPANY -- rank: 901

... light of the sharp limitations on appellate review contained in N.J.S.A. 2A:23A-18(b). I. On July 24, 2008, Carmen Mendez was injured ... Cranio moved to dismiss Encompass's appeal. Cranio relies on N.J.S.A. 2A:23A-18(b), which declares that, following the trial court's judgment ... A. 2A:23A-13(f), the APDRA prohibits further appeals. N.J.S.A. 2A:23A-18(b). In Fort Lee Surgery Center, Inc. v. Proformance Insurance ... APDRA's bounds. If so, then we are bound by N.J.S.A. 2A:23A-18(b) to dismiss the appeal." Ibid. Here, the judge held ... is at an end. Ibid. "[W]e are bound by N.J.S.A. 2A:23A-18(b) to dismiss the appeal." Ibid. We recognize, as we ... a rational explanation for how the arbitrator committed prejudicial error, N.J.S.A. 2A:23A-18(b) requires a dismissal of [the] appeal . . . regardless of ...

docket:	a6041-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-27
status:	unpublished
citation:
Document Size:	30424

6 JANE NORCIA v. HIGH POINT INSURANCE COMPANY -- rank: 883

... record and applicable legal standards. We conclude that pursuant to N.J.S.A. 2A:23A-18, we lack jurisdiction and dismiss the appeal. I. To place ... appeal followed. II. The threshold issue we confront is whether N.J.S.A. 2A:23A-18(b) permits this Court to review the trial court's ... no further review of the judgment or decree .'" Ibid. (quoting N.J.S.A. 2A:23A-18(b)). However, in the "rare[st of] circumstances," Tretina Printing ... APDRA's bounds. If so, then we are bound by N.J.S.A. 2A:23A-18(b) to dismiss the appeal." In dismissing the appeal, we ... a rational explanation for how the arbitrator committed prejudicial error, N.J.S.A. 2A:23A-18(b) requires a dismissal of an appeal of that determination ...

docket:	a1846-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-23
status:	unpublished
citation:
Document Size:	41424

7 TRAVELERS INSURANCE COMPANY OF NEW JERSEY v. SOUTH JERSEY HEALTH & WELLNESS CENTER -- rank: 877

... Division judge confirmed the award by dismissing the complaint. Because N.J.S.A. 2A:23A-18(b) bars any "further appeal or review" of such a ... hear this appeal turns on the meaning and scope of N.J.S.A. 2A:23A-18(b), which states: Upon the granting of an order confirming ... may intervene in such matters. In considering the scope of N.J.S.A. 2A:23A-18(b), the Supreme Court recognized in Mt. Hope Dev. Assocs ... the proper course would be dismissal of the appeal under N.J.S.A. 2A:23A-18. But the statutory denial of a right to appeal in ... a rational explanation for how the arbitrator committed prejudicial error, N.J.S.A. 2A:23A-18(b) requires a dismissal of an appeal of that determination ... 412 N.J. Super. at 104.] As our interpretation of N.J.S.A. 2A:23A-18(b) has developed through the many attempts by litigants ...

docket:	a0476-11
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	19444

8 JOHN FITZSIMMONS v. ALISON M. FITZSIMMONS -- rank: 870

... into the judgment. We dismiss the appeal because, pursuant to N.J.S.A. 2A:23A-18(b), the Family Part's order is not appealable. However ... enter a judgment or decree in conformity with the award. N.J.S.A. 2A:23A-18(b). The statute then states: "There shall be no further ... 2008). In this case, husband ignores the limitations contained in N.J.S.A. 2A:23A-18(b) and argues that we should use our "plenipotentiary powers ... did not find any error in the arbitration decision. Under N.J.S.A. 2A:23A-18(b), the appeal must be dismissed. However, because wife did ...

docket:	a0826-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	24641

9 AMBULATORY SURGICAL CENTER OF SOMERSET v. ALLSTATE FIRE CASUALTY INSURANCE COMPANY -- rank: 860

... on appeal, and we dismiss the appeal in accordance with N.J.S.A. 2A:23A-18(b). 1 PIP coverage is required in 'every standard automobile ... no further appeal or review of the judgment or decree.' N.J.S.A. 2A:23A-18(b). The statutory prohibition against appeals from judgments confirming arbitration ... 431 N.J. Super. 463, 481 (App. Div. 2013), to N.J.S.A. 2A:23A-18(b)'s proscription where appellate review is required to fulfill ... court orders vacating arbitration awards, finding we lacked jurisdiction under N.J.S.A. 2A:23A-18(b) because the trial judges 'exercised [their] authority' in accordance ... that query is in the affirmative, 'we are bound by N.J.S.A. 2A:23A-18(b) to dismiss the appeal.' Ibid.; see also Riverside Chiropractic ... of any of the 'rare circumstances' supporting an exception to N.J.S.A. 2A:23A-18(b)'s proscription of appellate review of an order ...

docket:	a1998-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-12
status:	Unpublished
citation:
Document Size:	26500

10 PETER MAX, VIAMAX, INC v. GREAT AMERICAN SECURITY INSURANCE CO. -- rank: 853

... on appeal, and accordingly dismiss the appeal in accordance with N.J.S.A. 2A:23A-18(b). I. The relevant facts are not disputed. Plaintiffs maintained ... enter a judgment or decree in conformity with the award. N.J.S.A. 2A:23A-18(b). The statute then explicitly provides: 'There shall be no ... 431 N.J. Super. 463, 481 (App. Div. 2013), to N.J.S.A. 2A:23A-18(b)'s proscription where appellate review is required to fulfill ... court orders vacating arbitration awards, finding we lacked jurisdiction under N.J.S.A. 2A:23A-18(b) because the trial judges 'exercised [their] authority' in accordance ... of any of the 'rare circumstances' supporting an exception to N.J.S.A. 2A:23A-18(b)'s proscription of appellate review of an order confirming ... time the policies were issued. Plaintiffs' appeal is barred under N.J.S.A. 2A:23A-18(b). Dismissed. A-0042-19 13 This archive is ...

docket:	a0042-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-11
status:	Unpublished
citation:
Document Size:	24158

11 CITIZENS UNITED RECIPROCAL EXCHANGE v. NORTHERN NJ ORTHO SPECIALISTS -- rank: 815

... limited instances. Ibid. First, the court must establish jurisdiction under N.J.S.A. 2A:23A-18.1 Second, in matters where jurisdiction exists, an 1 The ... 2010) (quoting N.J.S.A. 2A:23A-13).] However, N.J.S.A. 2A:23A-18(b) makes clear, once the trial court, sitting as an ... of the judgment or decree.' Ibid. Our Supreme Court upheld N.J.S.A. 2A:23A-18(b) in Mt. Hope Dev. Assocs. v. Mt. Hope Waterpower ... 2016).] While there are exceptions to the bar set by N.J.S.A. 2A:23A- 18(b), they are limited. While considering this section of the ... the amount to be reimbursed. Accordingly, the appeal is dismissed. N.J.S.A. 2A:23A-18(b). Dismissed. 9 A-1669-15T3 This archive is a ...

docket:	a1669-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-01
status:	unpublished
citation:
Document Size:	20581

12 SELECTIVE INSURANCE COMPANY OF AMERICA v. ARTHUR C. ROTHMAN, M.D., Ph.D, P.A. -- rank: 808

... statutory authority, it must enter a judgment reflecting its determination. N.J.S.A. 2A:23A-18(a). "There shall be no further appeal or review of the judgment or decree." N.J.S.A. 2A:23A-18(b). There are, however, exceptions to the limitations on appellate review in N.J.S.A. 2A:23A-18(b). See Mt. Hope Dev. Assocs., EAJ, Inc. v. Mt ...

docket:	a5290-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-13
status:	published
citation:
Document Size:	39730

13 SELECTIVE INSURANCE COMPANY OF AMERICA v. ARTHUR C. ROTHMAN -- rank: 808

... statutory authority, it must enter a judgment reflecting its determination. N.J.S.A. 2A:23A-18(a). "There shall be no further appeal or review of the judgment or decree." N.J.S.A. 2A:23A-18(b). There are, however, exceptions to the limitations on appellate review in N.J.S.A. 2A:23A-18(b). See Mt. Hope Dev. Assocs., EAJ, Inc. v. Mt ...

docket:	a5289-08
court:	NJ Superior Court Appellate Division
decided:	2010-07-13
status:	published
citation:
Document Size:	39717

14 VINCENT GRIECO v. TRAVELERS OF NEW JERSEY INSURANCE COMPANY -- rank: 795

... with that order. No appeal of the judgment is permitted. N.J.S.A. 2A:23A-18(b). In light of N.J.S.A. 2A:23A-18(b), the initial question here is whether we have jurisdiction ... this appeal. Our Supreme Court has determined that, in general, N.J.S.A. 2A:23A-18(b) precludes appellate review; however, there are exceptions. Mt. Hope ... the proper course would be dismissal of the appeal under N.J.S.A. 2A:23A-18. But the statutory denial of a right to appeal to ...

docket:	a6157-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-26
status:	unpublished
citation:
Document Size:	24006

15 COMPREHENSIVE PAIN SOLUTIONS OF NEW JERSEY PC v. OMNI INSURANCE COMPANY c/o GOOD 2 GO AUTO INSURANCE -- rank: 791

... subject to the deemer statute and confirmed the award. Because N.J.S.A. 2A:23A-18(b) bars appellate review of a trial judge's decision ... shall be confirmed. N.J.S.A. 2A:23A- 14. N.J.S.A. 2A:23A-18(b) provides that Upon the granting of an order confirming ... when 'the trial judge act[s] within APDRA's bounds,' ' N.J.S.A. 2A:23A-18(b) requires a dismissal of an appeal of that determination ... that the order under review falls within the parameters of N.J.S.A. 2A:23A-18(b). Therefore, we dismiss the appeal because the judge properly ...

docket:	a0862-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	27139