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Manne v. Manne

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


May 27, 2009

RUDY MANNE, PLAINTIFF-RESPONDENT,
v.
SUSAN MANNE, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FM-12-2664-02C.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 11, 2009

Remanded Resubmitted May 14, 2009

March 11, 2009

Before Judges Fisher and King.

In our earlier March 11, 2009 opinion in this matter we remanded for further findings of fact and conclusions of law, retaining jurisdiction. In response thereto the Family Part judge has filed a written opinion on April 22, 2009 after reconsideration of the matter.

In his written opinion the Family Part judge stated:

The Defendant requested reimbursement of SACC expenses incurred from 12/12/[07] through 5/08. Defendant asserts that she paid a total of $1050 and is seeking Plaintiff's reimbursement of 55%, or $577.50. Additionally, the Defendant requested reimbursement of EMP expenses incurred for 2007 and January 2008-June 2008, in the amount of $1075. Defendant seeks Plaintiff's reimbursement of 55% or $591.25. Defendant requests Plaintiff reimburse her a total of $1168.75. Plaintiff submitted proof that he paid a total of $765.48 toward these expenses. Therefore, the Court finds Plaintiff still owes $403.27 toward EMP and SACC work-related child care expenses incurred by Defendant for the benefit of the parties' child, [J.M.].

We find that this conclusion is fairly grounded in the record.

We accept these findings and conclusions. See R. 1:7-4(a); Curtis v. Finneran, 83 N.J. 563, 569-70 (1980). Though the record is susceptible to varying inferences from the several factual versions advanced by the parties, we agree that the judge's findings and conclusions are a reasonable interpretation in the circumstances. We affirm on the April 22, 2009 written opinion of Judge Garruto. We remand to the Family Part judge for entry of a judgment of $403.27 plus interest and costs in favor of the defendant.

Affirmed.

20090527

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