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Ali v. Ali

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 14, 2008

TEHMINA ALI, PLAINTIFF-RESPONDENT,
v.
SHAUKAT ALI, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, FM-19-307-99.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 29, 2008

Before Judges Rodríguez and Payne.

Defendant Shaukat Ali appeals from the Family Part's May 14, 2007 post-judgment order, which provides, "Defendant's motion to correct the date of the Final Judgment of Divorce is denied." This order disposed of defendant's motion to change the date of the judgment of divorce from December 31, 2002, the date the judgment was entered, to September 6, 2001, the date of one of the divorce hearings.

On appeal, defendant asks the following questions: (1) does "a lower court can give effect only to a Decree as actually rendered without addition or modification?"; and (2) does "a Decree of court is if misentered, it must be executed by the court of chancery according to its terms, the proper practice being to apply to the court of errors to rectify the entry of such Decree?"

We conclude that the judge correctly denied defendant's request. The date of the judgment is the one indicated on it. Appeals are taken from judgments, not from oral opinions or reasons. Glaser v. Downes, 126 N.J. Super. 10, 16 (App. Div. 1973), certif. denied, 64 N.J. 513 (1974). Therefore, it is erroneous to assert that the date of divorce is that of the hearing date.

Affirmed.

20081114

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