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VOL. 2, NO. 144 DECISIONS RELEASED AUGUST 9, 1994 TAXATION – REAL ESTATE 35-4-3911 Resolution Trust Corp., et al. v. Craig J. Griffin and Sharon R. Griffin, Chancery Ct. (8 pp.) Where mortgagee sought reimbursement for taxes and insurance premiums from surplus funds after entry of final judgment of foreclosure but before sheriff’s sale, chancery court held that the mortgagee was not entitled to reimbursement, since junior lien holders were entitled to the surplus. FAMILY LAW 20-4-3912 M.D. v. A.S.L., Chancery Ct. (7 pp.) Where parents of child born out of wedlock fought over the child’s surname, chancery court held that the child should have the mother’s surname, since the mother has primary custody and the child would share the same surname as its half-brothers and half-sisters. [Approved for publication Aug. 5, 1994.] FAMILY LAW – GOVERNMENT 20-4-3913 In the Matter of K.L.F., Chancery Ct. (26 pp.) Where mother regained custody of her child after the Division of Youth and Family Services sued to terminate parental rights, chancery court (1) held that the frivolous suit statute, N.J.S.A. 2A:15-59.1 applies to state government agencies, since there is no exclusion, and (2) did not award sanctions, since the evidence did not support a frivolous claim. [Approved for publication Aug. 8, 1994.] INSURANCE – AUTOMOBILES 23-2-3914 Charisse Holz v. Ann Rock, App. Div. (7 pp.) Where plaintiff injured her back in and possibly developed TMJ syndrome from an automobile accident, trial court erred in dismissing the complaint for failure to meet verbal-threshold criteria, since the judge either confused this matter with a companion claim or inadvertently failed to consider plaintiff’s medical proofs; the matter is remanded. WORKERS’ COMPENSATION 39-2-3915 West Jersey Health Sys. v. Gary J. Croneberger, App. Div. (7 pp.) The workers’ compensation act does not bar a doctor from suing an employee for unpaid bills from a work-related injury where an employer does not have insurance, after the Uninsured Employer’s Fund has determined whether to pay the medical costs. CRIMINAL LAW AND PROCEDURE 14-2-3916 State v. Derrick Calloway, App. Div. (3 pp.) Where defendant filed a petition for post-conviction relief claiming that appellate counsel was ineffective, Superior Court judge erred in summarily denying the petition on grounds that only the Appellate Division has the authority to determine the adequacy of counsel’s performance, since no law forbids the Superior Court from hearing the matter. [Approved for publication Aug. 8, 1994.] 14-2-3917 State v. Robert Floether, App. Div. (6 pp.) Where defendant was convicted of driving while intoxicated, Law Division erred in electing “to consider the issue of probable cause based upon the State’s proof presented” at a municipal court trial, related to a motion to suppress evidence, since the procedure adopted by the court violated Court Rule 3:23-8; conviction is reversed.

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