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Murray v. Cheavers

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 4, 2009

WILLIAM MURRAY, PLAINTIFF-RESPONDENT,
v.
FELICIA MURRAY CHEAVERS, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FM-13-1129-98.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 13, 2008

Before Judges Rodríguez and Payne.

Defendant, Felicia Murray Cheavers (Felicia), appeals from the February 7, 2008 Family Part order denying her cross-motion for "leniency" with respect to her contribution to her son's college education. We have not been provided with a copy of the motion or cross-motion. The order provides in pertinent part:

It is hereby ordered that [Felicia] is to contribute $4,000 per academic year for the educational expenses of Quamer Murray. [Felicia] is also to provide Quamer Murray with $100 per month for expenses.

[Felicia's] request for leniency due to financial distress is hereby DENIED without prejudice.

[Felicia's] request for a payment arrangement is hereby DENIED without prejudice (No financial information was submitted by her as requested by the court).

Felicia appealed the order pro se. In her brief, she explains in part:

[I] mailed in two packets and the one consisting of pertinent financial documentation did not reach the judge within the requested time period. The other packet was in response to Mr. Murray's (claimant) false claims. As a result, this appeal is presently being pursued by [me] with all necessary documentation.

Felicia seeks from this court the relief that she tried to obtain in the trial court. The function of appellate review is not to decide issues that were unsuccessfully pursued in the Family Part. Because her relief was denied "without prejudice," Felicia can file a renewed motion in the Family Part seeking a reduction of her college expense obligation. This application must be supported with current and pertinent financial information.

The appeal is dismissed.

20090804

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