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State v. 1995 Chevrolet Suburban

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 9, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
1995 CHEVROLET SUBURBAN, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Special Civil Part, Union County, Docket No. DC-010704-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 6, 2010

Before Judges Stern and Skillman.

Dawud Adib appeals from an amended order for judgment by default, entered on January 30, 2009, for the forfeiture of a 1995 Chevrolet Suburban owned by Adib.*fn1 The forfeiture was based on the alleged use of the car in a robbery.

The sole recourse for relief from a default judgment is a motion under Rule 4:50-1. Haber v. Haber, 253 N.J. Super. 413, 416-17 (App. Div. 1992). Therefore, "a direct appeal will not lie from a judgment by default." Id. at 416; see also N.J. Div. of Youth & Family Servs. v. T.R., 331 N.J. Super. 360, 363-64 (App. Div. 2000).

Defendant violated this well-established rule by appealing from the default judgment entered against him without first moving before the trial court for relief under Rule 4:50-1.

Accordingly, we dismiss Adib's appeal without prejudice and with leave to apply to the trial court for relief under Rule 4:50-1. We express no opinion as to whether such a motion would be timely, or if timely, whether any relief would be appropriate.


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