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Magurne v. Magurne

September 4, 2007

CARLENE MAGURNE, PLAINTIFF-APPELLANT,
v.
ANTHONY MAGURNE, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-2565-99.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted August 28, 2007

Before Judges Payne and Messano.

Plaintiff Carlene Magurne appeals from a September 22, 2006, order that 1) denied her post-judgment motion seeking reimbursement of medical expenses for her children, and 2) awarded defendant counsel fees and costs. She raises three points on appeal.

POINT I

THE TRIAL COURT ERRED WHEN IT REFUSED TO ENFORCE EXISTING COURT ORDERS.

POINT II

THE TRIAL COURT ERRED WHEN IT WALKED OFF THE BENCH, REFUSED TO HEAR PLAINTIFF AND CHANGED THE LANGUAGE OF AN EXISTING COURT ORDER WITHOUT SUPPORT TO DO SO.

POINT III

THE COURT ABUSED ITS DISCRETION IN ASSESSING LEGAL FEES AGAINST THE PLAINTIFF.

Defendant Anthony Magurne contends that the judge correctly denied plaintiff's motion, or, alternatively, that portions of the motion are now moot. He also argues that the judge's order awarding him counsel fees and costs was appropriate.

We have carefully considered these contentions in light of the record and applicable legal standards. We reverse in part, affirm in part, and remand the matter to the motion judge for further proceedings consistent with this opinion.

The procedural history that led to this appeal is quite convoluted and requires some explication. Plaintiff and defendant were married in 1986 and had two children together --Amanda, born September 10, 1987, and Emily, born July 18, 1989. Since their divorce in 2000, they have appeared ...


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