Case Results
Hegge & Confusione is proud to have achieved positive outcomes for so many deserving clients. Please keep in mind that the success of any appeal depends on the unique circumstances of each case. We cannot guarantee future results based on past successes we have achieved.
Custody Hearing Ordered for Client
New Jersey’s Appellate Division agreed with Hegge & Confusione that the lower court erred in failing to hold a plenary custody hearing for the client: “We agree with plaintiff that the trial court should have conducted an evidentiary hearing to determine, among other things, whether plaintiff ‘reasonably’ recovered from substance abuse such that modification of the June 13, 2016 order is in the best interests of the child. Further, a hearing was required to be conducted as soon as practicable because a ‘temporary decision to change custody can take on a life of its own, creating a new status quo. Nominally temporary orders involving the custody of a child have a tendency to become permanent . . . .’ Peregoy v. Peregoy, 358 N.J. Super. 179, 202-03 (App. Div. 2003). Accordingly, we must vacate the June 13, 2016 order and again remand this matter for a custody hearing.”
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Trial Ordered for Client’s Unjust Enrichment Claim
New Jersey’s Appellate Division agreed with Hegge & Confusione that summary judgment was improperly granted: “Because the judge failed to consider plaintiff’s equitable interest claim in the properties under the theory of unjust enrichment, we reverse and remand for trial.”
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New Sentencing Hearing Ordered
New Jersey’s Appellate Division agreed with Hegge & Confusione that the client’s sentence was improper: “We … vacate the sentence imposed, and remand for resentencing.”
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Clients’ Parental Decision-Making Authority Restored
New Jersey’s Appellate Division agreed with Hegge & Confusione that “[t]he family judge misapplied governing New Jersey and federal law in ordering grandparent visitation with the minor child over the objections of the natural parent defendants.”
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Hearing Ordered on Propriety of Dismissal of Client’s Lawsuit
New Jersey’s Appellate Division agreed with Hegge & Confusione that the lower court erred in failing to hold an evidentiary hearing on the propriety of dismissal of the client’s lawsuit: “The order under review is vacated and the matter remanded for a plenary hearing as to whether plaintiffs knowingly waived their right to trial by a judge or jury.”
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Contact Hegge & Confusione for more information about our appellate law services.