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.
Child Support Order Vacated
New Jersey’s Appellate Division agreed with Hegge & Confusione that the lower court failed to accord proper credit for client payments made toward child support: “Because we are convinced the court erred by determining N.J.S.A. 2A:17-56.23a barred its consideration of defendant’s claim for a credit against certain child support arrearages for payments he caused to be made to his child from his social security retirement benefits, we vacate the court’s order denying defendant’s credit request and remand for further proceedings on that issue…”
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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 remand for a new sentence hearing. The statement of reasons should not rely on the same factors to set sentences at the maximum while also imposing consecutive sentences for the same reasons.”
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New Trial Granted in Criminal Appeal
New Jersey’s Appellate Division agreed with Hegge & Confusione that the State’s disclosure in opening statement that a co-defendant “had confessed to his grandmother, who never testified” at trial “was too prejudicial to both defendants to be remedied by the court’s cautionary instruction” and required a new trial.
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Summary Judgment Reversed and Trial Ordered
New York’s First Appellate Division Department agreed with Hegge & Confusione that summary judgment was improperly granted on the client’s claim for intentional infliction of emotional distress: “There is a triable issue of fact as to whether defendant’s conduct was sufficiently outrageous to sustain a cause of action for intentional infliction of emotional distress…”
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New Trial Ordered for Injured Plaintiff
New Jersey’s Appellate Division agreed with Hegge & Confusione that the trial court deprived the injured client of a fair trial before the jury on her personal injury claims: “We find that the effect of these two rulings deprived the jury of an opportunity to assess the full extent of plaintiff’s alleged injuries and render its own determination as to the etiology of plaintiff’s complaints and her need for surgery. Because the evidence was essential to a full and fair presentation of plaintiff’s case, its exclusion was clearly capable of producing an unjust result. Accordingly, we reverse and remand for a new trial.”
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