Tomlin v. Tomlin

Tomlin v. Tomlin (App Div 2005)

Sat Below: Hon. Allison Accurso, J.S.C. (Mercer County)
As has happened occasionally in the past, the trial Court, due to calendar congestion or some other reason, was delaying issuing an order. In this case, it was on an unopposed motion to freeze proceeds from an inheritance and sale of real estate. The matter became emergent as moving vans were outside the house. The appellate division was asked to view the lack of an order as a de facto denial. Within 24 hours of receipt of the application, there was apparently communication between the appellate division and the trial court as an order was finally issued. This is a very simple, one page denial of an emergent application but could be very useful to anyone in the same circumstances in the future.

Appellate Decision
Application for emergent relief