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Mannina v. Gonzalez-Morales

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


October 7, 2008

VITO MANNINA, PLAINTIFF-APPELLANT,
v.
ZUJEY GONZALEZ-MORALES, ODILIA MORALES, NEFTALI D. GONZALEZ, DEFENDANTS-RESPONDENTS.

On appeal from Superior Court of New Jersey, Law Division, Passaic County, L-27-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 17, 2008

Supplemental Opinion - Decided September 29, 2008

Before Judges Stern and Waugh.

On September 29, 2008, we remanded the matter to the trial court for reconsideration of the motion for summary judgment, which resulted in the dismissal of plaintiff's complaint in light of the applicable law and for findings of fact and conclusions of law as required by R. 1:6-2(f) and R. 1:7-4(a).

We retained jurisdiction.

On October 2, 2008, we received from plaintiff's attorney a copy of the motion judge's order of September 30, 2008 which vacated the order that granted summary judgment and denied summary judgment. Accordingly, plaintiff withdrew the appeal. Based thereon, and given the interlocutory nature of the matter, we vacate the portion of our opinion which retains jurisdiction. We trust the judge has, or will, place his reasons for denying summary judgment on the record.

So ordered.

20081007

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