In re Estate of Roccamonte

324 N.J. Super. 357, 735 A.2d 614 (Super. Ct. App. Div. 1999)

 

RULE:

In all matters relating to estates of decedents, trusts, guardianships and custodianship, other than those set forth in N.J. Ct. R. 4:80, 4:81, all papers shall be filed with the Surrogate of the county of venue as the Deputy Clerk of the Superior Court, Chancery Division, Probate Part, pursuant to N.J. Ct. R. 1:5-6.

FACTS:

A woman filed a complaint which sought lifetime support from decedent's estate based upon an express oral contract, quantum meruit, and unjust enrichment. The matter was originally filed in Family Part and later transferred to Probate Part. She appealed from the summary judgment in favor of decedent's estate, dismissing the plaintiff's complaint and the denial of plaintiff's motion to return the matter to the Family Part. The case was appealed to the Superior Court of New Jersey, Appellate Division.

ISSUE:

Was the court's action proper in denying the plaintiffs motion to transfer the matter back to the Family Part?

ANSWER:

Yes

CONCLUSION:

On appeal, the Court ruled that order denying plaintiff's motion to return the matter to the Family Part was proper because retransfer of actions was barred by N.J. Ct. R. 4:3-1(b). The order granting defendant's motion for summary judgment was reversed, vacated and remanded because there were genuine issues of material fact.

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