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Morin v. Morin

April 15, 2009

DINKO MORIN, PLAINTIFF-APPELLANT,
v.
JADRANKA MORIN, DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-660-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 24, 2009

Before Judges Graves and Ashrafi.

Plaintiff Dinko Morin and defendant Jadranka Morin were married on September 18, 1971. Plaintiff appeals from an order denying his motion to modify or amend a property settlement agreement (PSA), which was incorporated into an amended judgment of divorce from bed and board.*fn1 Plaintiff's sole argument is that the court abused its discretion when it decided his motion without holding an evidentiary hearing. We affirm.

On March 21, 2007, the day their case was scheduled for trial, both parties were present in court with their attorneys, and they negotiated a PSA. At approximately 4:20 p.m., the attorneys advised the court that the case was settled, and the attorneys placed the terms of the settlement on the record. The court then inquired of the parties as follows:

THE COURT: Okay. Mr. Morin, you heard what the attorneys have just placed on the record today?

MR. MORIN: Yes, I did.

THE COURT: Do you understand it?

MR. MORIN: Yes.

THE COURT: Sound acceptable to you?

MR. MORIN: Yes, it is.

THE COURT: Miss Morin, did you also hear what the ...


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