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VOL. 2 NO. 86 DECISIONS RELEASED MAY 16, 1994 TAXATION 35-2-3292 Ruth Ann Detrick, et al. v. Lakewood Township, App. Div. (7 pp.) Where plaintiff condominium owners challenged tax assessments by defendant township, trial court erred in dismissing owners’ complaint because formal appraisals had not yet been secured or exchanged by the scheduled trial date, since it was not unreasonable for owners’ counsel to have expected the appraisals on time from the appraiser, who was already familiar with the property, until counsel was told about the terminal illness of the appraiser’s parent. CIVIL PROCEDURE – DEBTOR/CREDITOR 07-2-3293 Suburban Essex Equestrian Ctr. v. Donald J. Unger v. Ann M. Sullivan, App. Div. (8pp.) Where defendant Unger filed a third-party complaint against co-defendant Sullivan, who was trainer for Unger’s horse, alleging that Sullivan hurt the horse, causing Unger financial loss, trial court erred in entering default judgment against Sullivan, since a question of fact existed as to whether Sullivan was properly served. FAMILY LAW – PARENT/CHILD 20-2-3294 In the Matter of the Guardianship of Q.T.O.S.A., a minor, App. Div. (8 pp.) Where child’s mother, a drug addict, failed to visit the child while in foster care, and attend court proceedings about her parental status, trial court properly terminated mother’s parental rights, since the decision was based on substantial facts; the matter, however, is remanded to give the mother an opportunity to present a defense at trial, because of the fundamental interests at stake. INSURANCE – AUTOMOBILES 23-2-3295 Fred Corrubia v. Ronnie Haubrich and Lorraine Haubrich, App. Div. (3 pp.) Where plaintiff suffered from back muscle spasms and vision problems from injuries sustained in an automobile accident, trial court properly dismissed plaintiff’s pleading for failure to meet verbal-threshold criteria, since there was no showing that plaintiff’s complaints seriously affected his life. CRIMINAL LAW AND PROCEDURE 14-2-3296 State v. Donald Michael Franks, App. Div. (13 pp.) Where defendant was convicted of murder, trial court properly chose not to charge the jury sua sponte on passion/provocation manslaughter, since the evidence did not support the charge, but erred in imposing three consecutive terms totaling life plus 10 years, with 35 years of parole ineligibility, since the court did not follow the sentencing guidelines in State v. Yarbough, 100 N.J. 627 (1985).

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