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Superior Court of New Jersey, Appellate Division
June 11, 2014
ELIZABETH A. COMANDO, individually and derivatively on behalf of 10 CENTRE DRIVE, LLC, Plaintiff-Appellant,v.MARY F. NUGIEL [1] and RCP MANAGEMENT COMPANY, Defendants-Respondents, And PRIDE CONSTRUCTION SERVICES, LLC,
Argued May 7, 2014
Approved for Publication June 24, 2014.
Page 378
On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-5130-13.
Kevin J. O'Connor argued the cause for appellant ( Peckar & Abramson, P.C., attorneys; Mr. O'Connor, on the brief).
Robert J. Feinberg argued the cause for respondents ( Giordano, Halleran & Ciesla, P.C., attorneys; David C. Roberts and Michael T. Strouse, on the brief).
Before Judges LIHOTZ, MAVEN and HOFFMAN.
Page 379
[436 N.J.Super. 206] LIHOTZ, J.A.D.
On our leave granted, plaintiff Elizabeth A. Comando, individually and derivatively on behalf of 10 Centre Drive, LLC (10 Centre), a corporation she owns with defendant Mary F. Nugiel, appeals from a November 22, 2013 interlocutory order, denying her motion to disqualify Norris McLaughlin & Marcus, P.A. (NMM) from providing legal representation to defendants. Plaintiff argues she was a former client, as NMM provided legal representation to her in acquiring and securing financing of real estate. Further, she alleges she was wrongfully denied the right to exercise a promised option to acquire an ownership interest in defendant RCP Management Company (RCP), which maintained its headquarters in 10 Centre's realty. Finally, Comando asserts NMM's current representation of defendants is adverse to the interests of 10 Centre, which is also a current client, noting NMM additionally provided prior representation including preparation of [436 N.J.Super. 207] the twenty-year lease agreement between RCP, as tenant, and 10 Centre, as landlord.
Since this matter was argued on May 7, 2014, we issued our opinion in a related appeal that addressed another provision of the same order. Comando v. Nugiel, A-2070-13 (App. Div. May 22, 2014). In that matter, we determined the provisions of the 10 Centre Operating Agreement required a form of alternative dispute resolution once Comando and Nugiel were deadlocked over whether to sell the realty owned by 10 Centre and leased by RCP and defendant Pride Construction Services.
Thereafter, we received correspondence, issued on behalf of NMM by substituted counsel, advising that " as of May 20, 2014, the Norris McLaughlin & Marcus firm has ceased rendering legal services to the [d]efendants as it relates to this action in its entirety." This materially changed the position NMM previously had taken, as expressed in an email communication from NMM dated March 13, 2014, to Comando's counsel, which advised of substituted counsel undertaking representation, but stated " [NMM] reserve[d] the right to continue to provide legal representation to all of the [d]efendants in this matter, and [NMM is] not representing . . . that [it would] never have another conversation with [Nugiel] about this case, or about other matters."
Defendants maintain that the substitution of counsel coupled with the recent representations that NMM's legal advice on issues in this litigation has ceased moot Comando's arguments raised on appeal. Comando disagrees and presses her claim of disqualification. She identifies findings by the motion judge, which, she asserts, if not reviewed and reversed, will adversely affect the ongoing litigation. Specifically, Comando argues the judge erroneously found NMM had not provided legal representation to her. She also asserts that despite finding NMM represented 10 Centre, the judge improperly rejected the asserted corporate derivative claims and suggested instead that the complaint alleges individual claims by Comando against Nugiel.
[436 N.J.Super. 208] Following our review, we conclude the record is far too limited and contains material
Page 380
factual disputes making this court unable to discern the full extent and nature of NMM's prior legal representation of Comando, which could only have been determined following an evidentiary hearing. The evidence certainly shows NMM provided limited legal services to her and also rendered extensive legal services to 10 Centre, as well as RCP and Nugiel. Moreover, in at least one specific transaction, that is the negotiation of the RCP lease for realty owned by 10 Centre, NMM acted as counsel for the landlord, 10 Centre, and the tenant, RCP. The terms of and parties' compliance with that lease are now at issue. Accordingly, NMM's continued dual representation of providing legal services to 10 Centre and, up until recently, rendering legal advice to RCP to defend the claims raised in this complaint, raises a conflict prohibited by the Rules of Professional Conduct ( RPC ). Further, the trial judge erroneously rejected the derivative claims by incorrectly determining the issues raised claims held by Comando individually.
At this juncture, NMM has removed itself from providing legal representation to any party regarding this litigation. However, with respect to the derivative claims advanced by 10 Centre, NMM has a continuing conflict prohibiting its representation of the corporation, while also representing RCP, which must be waived. Regarding Comando's claim of disqualification based on her prior representation, although we conclude the judge inaccurately found NMM provided no legal representation to her, the record does not allow this court to fully assess the extent and nature of that representation. Nevertheless, NMM's complete withdrawal renders the question moot.
These facts are found in the motion record. Comando commenced employment with RCP on March 1, 2004. In exchange for Comando's employment efforts to grow RCP's
business, she received a base salary and additional compensation of one-third of
[436 N.J.Super. 209] the net profits generated in " the North Region," to which
she was assigned. Comando also understood she would be given the opportunity to obtain an ownership interest in RCP. Ibid. She contends the parties entered into a Client Purchase Option Covenant, setting forth the terms upon which she could purchase the North Region portfolio in the event she or RCP terminated her employment.
In 2009, Comando was promoted to Senior Vice President, and on April 29, 2011, she was named a " Principal" of RCP. Ibid. Comando avers that in the ensuing years she contributed significantly to RCP's expansion in the region and its resulting increases in revenue.
In June 2010, Nugiel retained NMM " to represent RCP in general corporate matters arising from time-to-time." NMM's June 28, 2010 engagement letter, authored by Jesse P. Nash, acknowledged NMM had been retained " to represent [RCP] as an entity" " for the purpose of: reviewing [RCP's] employee manual/handbook and such other legal matters for and/or on behalf of [RCP] as may arise from time[-]to[-]time." The letter urged " any shareholder, director, member, partner or officer" with legal questions regarding particular rights or obligations to obtain separate counsel. Nash's letter concluded: " We will not represent the interests of any one individual in any way that is in conflict with the interests of the entity as a whole."
In early 2011, Comando and Nugiel formed 10 Centre as a holding company to acquire and manage real property that would become RCP's headquarters. According to Nash, Nugiel requested he and NMM provide legal representation in
Page 381
" (1) the formation of the limited liability company, (2) preparation of the RCP lease for the property, (3) preparation of an operating agreement for [10 Centre], and (4) [assistance] with legal issues surrounding obtaining the financing needed by [10 Centre] to purchase the new headquarters" for RCP. There is no mention of the preparation or existence of a new engagement letter for these [436 N.J.Super. 210] new legal services and nothing to explain what role Comando had in engaging NMM.
NMM incorporated 10 Centre and served as its registered agent. In preparation of 10 Centre's operating agreement, Nash acknowledged he conducted conference calls with Nugiel and Comando, summarized provisions of the drafted documents, and emailed a memo to both Nugiel and Comando regarding modifications of the agreement terms.
Nash also assisted with the preparation, modification and execution of an " agreement for purchase and sale" of the realty ultimately acquired by 10 Centre. In the purchase of the realty, Nash assisted with the preparation, review and execution of several agreements related to the intricate multi-million dollar acquisition and the financing and re-financing of a bridge loan. It is unclear whether he provided individual legal advice to Nugiel regarding this transaction, while also acting as 10 Centre's counsel. Nash also drafted a lease agreement allowing RCP to lease the property acquired by 10 Centre for twenty years at a flat rent.
In this regard, Nash insists he took direction from Nugiel and " never gave [] Comando any personal advice or counsel on those issues." This assertion contradicts his claim of serving as counsel for the corporation not its members and also his written representations contained in an opinion letter delivered to TD Bank in respect of the highly complex financing arrangement. In issuing his legal opinion, Nash stated NMM
acted as special counsel to 10 Centre Drive, LLC (the " Borrower" ), RCP Management Company, Inc. (the " Equity Guarantor" ) and Mary Faith Radcliffe and Elizabeth Comando (each, an " Individual Guarantor" and collectively, the " Individual Guarantors" ) in connection with the closing . . . of a $1,500,000 mortgage loan from you to Borrower (the " First Mortgage Loan" ) and a $350,000 bridge loan from you to Borrower (the " Bridge Loan, and together with the First Mortgage Loan, the " Loan Facilities" ).
NMM maintains the opinion letter does not evince legal representation was provided to Comando. Nash alleges he fully informed Comando he was not her lawyer, as reflected in his memo [436 N.J.Super. 211] accompanying transmittal of 10 Centre's proposed operating agreement, in which he stated:
As an initial matter (and as you both know) I must stress that I represent [Nugiel] and RCP [] in several matters. I have drafted the attached based on your instructions, but I do not represent [Comando] in connection with these matters. [Comando], this operating agreement is a complicated document, I advise you to obtain separate counsel to advise you and advocate for your interests in connection with the attached. Review of this cover note is not a substitute for a careful review of the attached with your own counsel. Please let me know if you would like me to refer an attorney to you.
. . . .
I have received a lot of feedback from you both, and I attempted to harmonize all of this feedback into a single set of terms, but this was not always possible.
Page 382
Nash certified that at the time he sent this document, Comando " clearly communicated to [him] that she understood and acknowledged the fact that [Nash] was not acting as her counsel in connection with the subject series of transactions." Nugiel also certified to her recollection of Nash's statements in an unspecified phone conference that Comando " was not represented by NMM in connection with the formation of 10 Centre[], or preparation of its operating agreement."
Comando disputes Nash's assertions of limited involvement on her behalf. She maintains she and Nugiel were " sitting at the table" with Nash " when 10 Centre was formed and the lease was negotiated and filed." On or about July 5, 2011, Nash, Nugiel and Comando discussed the initial draft of the operating agreement and its terms during a conference call. In an e-mail dated July 6, 2011, Nash sent the updated version to both Nugiel and Comando, requesting they review the document and provide him with any further comments. Comando sent Nash her personal financial statement to be used when negotiating the mortgage and requested he keep the documents confidential. Further, she relied on NMM's July 19, 2011 opinion letter to TD Bank, including several representations that applied to her. Among these were the loan documents " constituted a legal, valid and binding obligation of each [o]bligor" and that the execution of the document " by each [o]bligor . . . d[id] not violate . . . any applicable judgment, order, writ, injunction or decree known to [NMM] of any court or other [436 N.J.Super. 212] governmental authority." Comando also supplied a September 14, 2011 email sent regarding an SBA loan for 10 Centre, in which she identified Nash as her counsel.
Nugiel and Comando's relationship deteriorated. Comando alleges difficulties and disagreements arose between Comando and Nugiel regarding RCP's finances and Nugiel's absence from the office. Comando resigned from RCP on April 1, 2013. She thereafter initiated this litigation.
By letter dated June 18, 2013, Comando's counsel expressed his position " [Nash] and [NMM] are conflict[ed] from representing any party in relation to these disputes[.]" She thereafter moved for NMM's disqualification, alleging violations of RPC s 1.7, 1.9 and 3.7. Following argument, the motion judge rejected Comando's assertions, finding she " never sought or received any legal advice from [NMM] in connection with the issuance of the opinion letter" to TD Bank and emphasized Comando was " advised repeatedly throughout the process of [10 Centre's] formation and financing that she was [not] [sic] represented by [NMM] and that she should retain her own attorney." The judge also rejected Comando's asserted derivative claims on behalf 10 Centre, concluding they were direct claims by Comando against Nugiel because Comando and Nugiel were 10 Centre's sole shareholders.
Comando moved for interlocutory review. We granted leave to allow consideration of the request for disqualification. While the matter was pending, Comando moved to supplement the record stating documents finally released by defendants in compliance with discovery demands supported her request to reverse the trial court's order. She attached emails reflecting NMM billing statements sent to her and Nugiel for fees rendered for the real estate matter, including RCP's lease, billed to 10 Centre for payment; NMM trust account ledgers showing monies paid by Comando and 10 Centre apparently for legal services rendered to RCP; emails discussing substantive provisions of the financial documents, including the need to execute a release and Nash's opinion about doing so; correspondence from NMM to
Page 383
third parties confirming [436 N.J.Super. 213] its representation of 10 Centre; and emails from Nash to Comando discussing 10 Centre's tax appeals.
Defendant opposed the motion as moot and, alternatively, cross-moved to supplement the record with the email from Nash stating NMM was no longer trial counsel for defendants in the litigation. The email also advised NMM " reserve[d] the right to continue to provide legal representation to all of the [d]efendants in this matter, and [NMM was] not representing . . . that [it would] never have another conversation with [Nugiel] about this case, or about other matters." [3]
The review of a motion for disqualification requires a court " to balance competing interests, weighing the 'need to maintain the highest standards of the profession' against 'a client's right to freely choose his [or her] counsel.'" Dewey v. R.J. Reynolds Tobacco Co., 109 N.J. 201, 218, 536 A.2d 243 (1988) (quoting Gov't of India v. Cook Indus., Inc., 569 F.2d 737, 739 (2d Cir. 1978)). " [A] person's right to retain counsel of his or her choice is limited in that 'there is no right to demand to be represented by an attorney disqualified because of an ethical requirement.'" Ibid. (quoting Reardon v. Marlayne, Inc., 83 N.J. 460, 477, 416 A.2d 852 (1980)). Our review of " an order granting or denying a disqualification motion invokes . . . de novo plenary review . . . ." Twenty-First Century Rail Corp. v. New Jersey Transit Corp., 210 N.J. 264, 274, 44 A.3d 592 (2012).
Comando identifies several bases to support disqualification. We start with her argument that NMM's ongoing representation of 10 Centre precluded its representation of RCP in any adverse transaction. RPC 1.7 addresses concurrent conflicts of interests and provides in pertinent part:
[436 N.J.Super. 214] (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer.
(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
(1) each affected client gives informed consent, confirmed in writing, after full disclosure and consultation. . . . When the lawyer represents multiple clients in a single matter, the consultation shall include an explanation of the common representation and the advantages and risks involved;
(2) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
(3) the representation is not prohibited by law; and
(4) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.
This rule is easily applied in the context of litigation. See Kevin H. Michels,
Page 384
New Jersey Attorney Ethics -- The Law of New Jersey Lawyering, § 19:2-1 at 407 (2012) ( " RPC 1.7(a)(1) clearly prohibits the representation of opposing parties in the same litigation." ). See also N.J. Advisory Comm. on Professional Ethics Op. 362 (1977) (holding a lawyer representing both a union and an individual member of that union had to withdraw from representation of both clients upon the individual's filing a grievance against the union). We conclude the rule's proscriptions must equally apply to transactional matters, and a concurrent conflict of interest arises when " the representation of one client will be directly adverse to another client." RPC 1.7(a)(1).
" RPC 1.7 is rooted in the concept that '[n]o man can serve two masters,' Raymond L. Wise, Legal Ethics 272-73 (1970), and, it has been suggested that employment should be declined if there is a question whether the representation will create an adversity of interest between two clients." State ex rel. S.G., 175 N.J. 132, 139, 814 A.2d 612 (2003). This principle applies here.
[436 N.J.Super. 215] A.
Focusing on the corporate entities, NMM is counsel to RCP and 10 Centre. There is no engagement letter explaining NMM's role regarding 10 Centre or authorizing the firm to take direction from Nugiel when acting on behalf of 10 Centre. The twenty-year lease presents adverse interests between Nugiel and RCP on one hand, and 10 Centre on the other, because lease terms favorable to RCP may well be detrimental to 10 Centre. There was no evidence of a waiver by all clients when preparing the lease between 10 Centre and RCP, which would include Comando who was a fifty percent member of 10 Centre. See In re Dolan, 76 N.J. 1, 11, 13, 384 A.2d 1076 (1978) (finding representation of a mortgagor and mortgagee in a transaction is a direct conflict of interest requiring informed consent of the clients, particularly in light of " the possibility that as between buyer and developer-seller there may ripen some disagreement respecting the physical condition of the premises" ).
Further, the documents submitted strongly suggest Nash took direction only from Nugiel on these matters, but she was one of the two equal members of 10 Centre. The complaint challenges Nugiel's actions as detrimental to the interest of 10 Centre and as favoring those of RCP. It also asserts the rent paid by RCP was not based on fair market value, a claim that appears to strike at the heart of the potential conflict of interest and implicates financial detriment to 10 Centre which has significant debt service that must be met. See Michels, supra, § 19:3-1 at 440 (" RPC 1.7(a)(2) may be implicated when a lawyer proposes to represent two or more persons with an interest in the same object, occurrence, or transaction." ).
Also, allegations such as minority shareholder oppression, wrongful disposition of excess funds received by 10 Centre in the SBA loan closing, and diversion of profits based on Nugiel's refusal to release the details of 10 Centre's financial affairs, are problematic to NMM which purports to currently represent 10 [436 N.J.Super. 216] Centre, as well as RCP and Nugiel.[4] " RPC 1.7 reflects 'the fundamental understanding that an attorney will give complete and undivided loyalty to the client [and] should be able to advise the client in such a way as to protect the client's interests, utilizing his professional
Page 385
training, ability and judgment to the utmost.'" J.G. Ries & Sons, Inc. v. Spectraserv, Inc., 384 N.J.Super. 216, 223, 894 A.2d 681 (App. Div. 2006) (alteration in original) (quoting State ex rel. S.G., supra, 175 N.J. at 139, 814 A.2d 612).
Prior to its recent withdrawal from all representation, NMM's role in this litigation as counsel for Nugiel and RCP against Comando and 10 Centre presented prima facie evidence of a concurrent conflict of interest, waivable only by informed written consent, which has never been presented. RPC 1.7(b)(1). Further, NMM's continued representation of 10 Centre in a transactional capacity will not diminish the adverseness between RCP and 10 Centre. Nugiel, in her corporate capacity as a member of 10 Centre, is alleged to have wrongfully controlled 10 Centre's financial affairs to aid RCP and harm 10 Centre. NMM's legal representation of Nugiel and RCP impinges upon its allegiance to protect 10 Centre's interests raising " a significant risk that the representation of one or more clients [would] be materially limited by the lawyer's responsibilities to another client." NMM's loyalty to Nugiel and RCP prefers their interest to the competing interests of 10 Centre. This may not continue. RPC 1.7(a)(2).
The motion judge's characterization of the derivative claims as a " red herring" is erroneous. He failed to analyze the claims and their impact on 10 Centre, as well as its creditors. The complaint asserts Nugiel breached her fiduciary duty in carrying out her responsibilities as " an officer, director and/or shareholder of . . . 10 Centre []," which resulted in the failure to further the interests of 10 Centre in favor of RCP; the improper management and [436 N.J.Super. 217] operation of the corporation and its finances; and the improper diversion of funds away from 10 Centre " for personal and/or non-business purposes." The action by Nugiel on behalf of 10 Centre, if proven, would reveal actual harm done to the corporation, impinging its ability to operate and satisfy its debts.
We reject as unpersuasive defendants' analogy between the facts at hand and those in Kira Inc. v. All Star Maint. Inc., 267 Fed.Appx. 352 (5th Cir. 2008). There, in concluding no conflict of interest arose in rendering legal services to the parties, the court relied directly on the jury verdict rejecting as meritless the plaintiff's underlying claims. Id. at 356. We cannot do the same in this newly commenced matter.
More apt to these facts is the Court's holding in In re Berkowitz, 136 N.J. 134, 642 A.2d 389 (1994). In that matter, an attorney represented a client seeking a zoning variance on land contiguous to the property of a client represented by another attorney at the firm. Id. at 135-36, 642 A.2d 389. The second client would be adversely affected if the first client's application were granted. Id. at 135, 642 A.2d 389. The Court reprimanded both attorneys, who it found failed to fully disclose the potential conflict to the clients, noting " the decision of whether to oppose the proposed zoning would obviously create a division of loyalties between [the attorneys] and their clients." Id. at 144, 642 A.2d 389.
We conclude the motion judge erred in rejecting Comando's derivative claims on behalf of 10 Centre, without even considering the need for further development of the facts and circumstances surrounding her assertions, along with the nature of NMM's actual representation of these clients. Further, NMM's ongoing representation of Nugiel individually, RCP and 10 Centre on a transactional basis presents
Page 386
a concurrent conflict in contravention of RPC 1.7(a).
The record is less clear on the claims of conflict asserted by Comando individually. Contrary to the motion judge's statement, [436 N.J.Super. 218] NMM provided at least limited representation to Comando in the course of the loan transactions. NMM does not dispute it represented itself to the lenders as Comando's counsel for the purpose of effectuating the closing of the identified loans. NMM's attempts to minimize the facts regarding this representation are rejected. By their nature, opinion letters are instruments of negotiation " made to induce reliance," such that the law recognizes a duty owed to third persons in preparing such documents. Banco Popular N. Am. v. Gandi, 184 N.J. 161, 183, 876 A.2d 253 (2005). See also Petrillo v. Bachenberg, 139 N.J. 472, 485, 655 A.2d 1354 (1985).
" [I]f the prior and the subsequent matters are indeed the same, the representation, absent written consent of the former client, is prohibited." Twenty-First Century Rail Corp., supra, 210 N.J. at 276, 44 A.3d 592 (holding RPC 1.9(a) prohibited representation where an opinion letter reflected counsel's awareness of the adverseness of the current and former clients' positions in the same dispute). Comando as a former client bears the burden of production of showing " that by application of RPC 1.9 [she] previously had been represented by the attorney whose disqualification is sought." City of A. City v. Trupos, 201 N.J. 447, 462, 992 A.2d 762 (2010). If she successfully provides necessary proofs, " the burden shifts to the attorney(s) sought to be disqualified to demonstrate that the matter . . . in which he or [she or] they represented the former client are not the same or substantially related to the controversy in which the disqualification motion is brought." Id. at 463, 992 A.2d 762.
However, the record is insufficient to determine whether that prior representation created a present conflict of interest, proscribed by RPC 1.9(a).[5] The filed certifications do not provide [436 N.J.Super. 219] conclusive documentation, but rely on oral representations, which are disputed. Further, the record as presented cannot support a determination that the prior representation was sufficiently related to the current disputes. See Trupos, supra, 201 N.J. at 467, 992 A.2d 762 (holding RPC 1.9(a) bars representation of a client against a former client where " facts relevant to the prior representation are both relevant and material to the subsequent representation" ). Perhaps an evidentiary hearing could have fleshed out the competing oral assertions and determined the extent of the attorney-client relationship, but we conclude that such an effort is no longer necessary. Although we reject as unsupported the trial judge's finding that no representation was provided to Comando by NMM, in light of NMM's current withdrawal, the issue is moot.
" Mootness is a threshold justiciability determination rooted in the notion that judicial power is to be exercised only when a party is immediately threatened with harm." Betancourt v. Trinitas
Page 387
Hosp., 415 N.J.Super. 301, 311, 1 A.3d 823 (App. Div. 2010) (citation omitted). " 'A case is technically moot when the original issue presented has been resolved, at least concerning the parties who initiated the litigation.'" Ibid. (quoting DeVesa v. Dorsey, 134 N.J. 420, 428, 634 A.2d 493 (1993) (Pollock, J., concurring) (citation omitted)). In other words, " [a]n issue is 'moot' when the decision sought in a matter, when rendered, can have no practical effect on the existing controversy." Greenfield v. N.J. Dep't of Corrs., 382 N.J.Super. 254, 257-58, 888 A.2d 507 (App. Div. 2006) (internal quotation marks and citation omitted).
Comando also contends NMM should be disqualified because Nash could be called to testify at an ensuing trial.[6] Even though [436 N.J.Super. 220] it is unclear how Nash's testimony supports or refutes the remaining claims, this too is moot.[7]
In summary, the motion judge's order denying the motion for disqualification regarding 10 Centre's derivative claims was grounded on erroneous legal conclusions. The conflict between 10 Centre and RCP may continue depending on NMM's continued certify representation of these entities and Nugiel. Disqualification based on Comando's claim of past representation is moot as is the assertion Nash may be a necessary witness at trial. These claims are dismissed.
Dismissed in part and reversed in part.
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Opera Wine invitees announced…Today the journalist Luciano Ferraro announced in Italy's major national newspaper "Corriere della Sera" the wineries that have been selected by Wine Spectator to take part to Opera Wine. And Il Poggione is one of them – we will be pouring the Brunello di Montalcino 2006 Riserva Vigna Paganelli. This is an event that will take part the day before Vinitaly where about 100 Italian wineries (104 this year), selected by Wine Spectator will pour an older wine rated 90+ by Wine Spectator. It is an invitation-only event also for the guests, all of whom are collectors, wine lovers and trade customers. It is a great honor for us to have been selected by Wine Spectator's editorial team and we are looking forward to Opera Wine 2017. photo: Alessandro and Fabrizio Bindocci at Opera Wine... Read more >
Suckling deems 2012 a "Rockstar Vintage"James Suckling's recently released 2012 Brunello di Montalcino report lauds the region's "beautiful aromas, vibrant fruit, lively acidity, and ultra-fine tannins." He compares 2012 to the legendary 2010, though believes its closest match are the "2004s, a harmonious and gorgeous year for Brunellos." Suckling's report includes a stunning review for Il Poggione, awarding our Brunello a 93 pt score with the following tasting notes: "Walnuts and cedar with plums and hints of milk chocolate. Always subtle. Medium body, a solid core of fruit and medium-chewy tannins. Center palate of cherry fruit. Give it a year or two to soften." 2012 will release from our winery in early February- more to... Read more >
Harvest Celebration 2016Yesterday, we celebrated the Benfinita della vendemmia, a traditional ceremony to mark the end of the harvest. As we have done in past years, we organized a lunch with all the Il Poggione workers and employees in the cellar. We toasted with our Rosè and started a long lunch prepared by some of our workers, including a bruschetta made with the newly pressed olive oil and delicious spit-roasted chickens. Our proprietor Leopoldo Franceschi gave a gold medal to our employees who have worked with us for 20 years, to thank them for their continuous support and dedication. This year's recipients were Elisabetta Vincelli, qho works both in the cellar preparing orders and shipments and in the vineyards, and Simone Simi, our mechanic. Unlike most wineries, all of our workers are employed throughout the full year; we do not hire temporary workers during harvest. This commitment ensures that we have many workers who remain with Il Poggione for decades and contribute their invaluable experience to the work in the vineyards and winery. It is our privilege to celebrate them and another harvest-... Read more >
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Brunello di Montalcino 2011
95 points
"Il Poggione has done a terrific job with its 2011 Brunello di Montalcino. The wine is soft, yielding and charged with a velvety and smooth texture. It is deeply redolent of dark berry, black cherry, spice, leather and tobacco. Thew ine's sunny personality never feels flat or too dense. In fact, the wine offers a very tight and steely backbone that gives the wine stature and strength. This is one of my favorite Brunellos from the 2011 vintage."
– Monica Larner, The Wine Advocate
Brunello di Montalcino Riserva Vigna Paganelli 2010
98+ points
"The 2010 Brunello di Montalcino Riserva Vigna Paganelli is a phenomenal achievement and a wine that captures not only the spirit of this classic vintage, but the true essence of an age-worthy wine like Brunello. This single vineyard Riserva is sharp, pristine and immaculate. It starts slow and shy, butt then blossoms to beautiful intensity and aromatic brilliance. The bouquet is seamless and very long in persistence."
– Monica Larner, Wine Advocate
Brunello di Montalcino 2011
91 points
"A beefy style, evoking plum, leather, tobacco and earth flavors, backed by dense, dusty tannins. Starts out juicy before the gruff finish takes over. Fresh and long."
– Bruce Sanderson, Wine Spectator
Rosso di Montalcino 2013
91 points
"Bright red cherries, stone fruits, smoke and tobacco are some of the notes that jump from the glass in the 2013 Rosso di Montalcino. In this vintage, the Rosso is bright, floral and medium in body, all of which make it extremely versatile. This is another fabulous Rosso from Il Poggione.
– Antonio Galloni, The Wine Advocate


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Your very own butler. The Bed Caddy, is just as chic as it is convenient. Made of a very sturdy plastic, with a fancy acrylic look, this sleek caddy allows for access to all of your bedside items without having to get out of bed. Organize your cell phone, remote controls, glasses, chargers, and even your laptop safely, securely, and stylishly. This bed caddy is so easy to assemble, it shouldn't take you more than five minutes, and with the adhesive grip pads and attachable plastic plate that slides right under your mattress, this caddy will surely stay attached to your bed. Bed Caddy at your service please.
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Multiple stakes winner Changeintheweather has arrived for stallion duty at Josephine Abercrombie's Pin Oak Stud near Versailles, Ky. The 4-year-old Pin Oak homebred, who deadheated for third in the Oct. 25 Fayette Stakes (gr. III) at Keeneland despite having his saddle slip around the first turn, will stand for $7,500.A son of Gone West, Changeintheweather won the Grey Breeders' Cup Stakes (Can-I) at Woodbine as a 2-year-old and this year's Gate Dancer Stakes at Delaware Park. Stakes-placed five times in his career, he retired with five wins from15 starts and earnings of $441,247 while trained first by David Bell, then Graham Motion.
Changeintheweather's dam, Meteor Colony (by Pleasant Colony), is a full sister to Eclipse Award winner Pleasant Stage.Pin Oak also announced the following fees: Broken Vow, $10,000; Maria's Mon. $35,000; Peaks and Valleys, $10,000; and Sky Classic. $12,500.
Stakes Winner Changeintheweather to Pin Oak
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The camera support can be picked up and moved with the carrying handle that's built onto the frame. Any 3/8" female threaded tripod head is compatible with the Low Pod Camera Support, and four rubber feet keep the mount from sliding on rocks and other uneven surfaces. The support is constructed of aluminum and is powder-coated for durability.
|Material of Construction
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|12.913 x 9.291 x 3.543"


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Orville's a sensitive quy who just wants to curl up in your lap and stay there. He's a sweetheart who has quickly become a staff favorite. He's currently battling a doggie cold in foster care, but is making great progress. Orville could live with other dogs and older children, and he adores cats!
Name: Orville
Location: Grays Ferry Clinic
Breed: Chihuahua mix (Visual breed identification in dogs is unreliable so for most of the dogs we are only guessing at predominant breed or breed mix. We get to know each dog as an individual and will do our best to describe each of our dogs based on personality, not by breed label)
Age: 4-6 years old
Weight: 8 pounds
Reason for surrender to shelter: Orville's owner became ill and could no longer care for him.
If you are interested in meeting Orville, please email email@example.com for an application. If you have questions, please email the above address or contact our adoption staff member at 215-298-9680, ext. 16.
Animal ID#A33413082
(Posted 9/13/16)
PAWS, the Philadelphia Animal Welfare Society, is a 501(c)3 non-profit animal rescue organization. PAWS pulls at-risk animals from the City of Philadelphia's animal control shelter and adopts them out from several locations: our Old City adoption center (2nd and Arch Streets), our Northeast Adoption Center (1810 Grant Avenue); our Wellness Clinic at 2900 Grays Ferry Avenue; our adoption locations at the South Philly and Cottman Avenue PetSmart stores; and, our network of foster homes.
PAWS is dedicated to saving the lives of Philadelphia's homeless, abandoned and unwanted animals and is working to make Philadelphia a city in which every healthy and treatable pet is guaranteed a home.
When you adopt a pet from PAWS you truly save a life!
Please reference this animal's ID NUMBER when inquiring about this pet. Both PAWS Adoption Centers are open Monday-Friday from 12 p.m. to 7 p.m., Saturday 11 a.m. to 7 p.m., and Sunday from 11 a.m. to 6 p.m. PAWS' Wellness Clinic is open Monday - Sunday from 10 a.m. to 6 p.m., but appointments are required for adoptions.
Adoption fees include age-appropriate vaccinations, spaying/neutering, and microchipping. No animals may be adopted without being spayed or neutered. Adoption fees are as follows: $150 for large adult dogs (older than 1 year); $250 for small dogs (under 25 lbs) and all puppies (under 1 year); $50 for adult cats (over 6 months of age), and $100 for kittens (under 6 months of age). When you adopt a pair of kittens together, the total adoption fee is $150.
Please visit our web site, www.phillypaws.org, for our full calendar of adoption events throughout the region, and for more information on adopting, fostering, volunteering, or donating.


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Another beautiful home build by Michael Mahoney on a nice quiet street. Please look at floor plans for all room sizes. Many custom features included. Too many to list so please see feature sheet for all the details in the media section, First floor bedroom and full bath Please note: The photo used of home is a sample of the exterior.
Listing Courtesy of COLDWELL BANKER REALTORS - EAST


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The Big East and Memphis are in talks about adding the school in all sports beginning in 2013, according to Joe Schad of ESPN.
Memphis would get the Big East to 12 schools, which has been part of the league's plan ever since it lost Syracuse, Pitt, TCU and West Virginia.
Should the Tigers join, the Big East would have added four schools from Conference USA -- UCF, Houston and SMU previously agreed to join the league in 2013. The Big East also will add Boise State and San Diego State as football-only members in 2013, and independent Navy in 2015.


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Our Vintage Champagne is exceptional quality - rich, elegant and very fine. Perfect to celebrate those very special occasions.
Product Details
|Champagne & Sparkling
|Chardonnay, Pinot Noir
|2007 Vintage
|1.5 units per 125ml
|Natural Cork
DescriptionVintage Champagne can only be made from the grapes of one particular year (2007), and only the best years qualify for the status of vintage. Because the Champagne spent over five years maturing in the bottle, the grapes were of the highest possible quality, with perfect levels of ripeness. This fine Vintage Champagne is from Chanoine Freres, one of the oldest producers in Champagne who have been making Champagne since 1730. 2007 was a very fine year, making rich, long lasting and full bodied wines with a good freshness. The blend is composed of equal parts of chardonnay, for elegance and complexity, and pinot noir, for structure and richness.
Rated 5 out of 5 by 1 reviewer.
Rated 5 out of 5 by VintageDrinker Exceptional Vintage for the price This is an exceptional vintage for the price, bought for Christmas Day and it went down very well. Definitely a scoop and usually but from a competitor, this was at least as good and a much better price, well done Asda. 03 January 2015
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Mr Gamrat, London
Bairstow Eves were efficient, professional and extremely courteous, right through to completion. Going beyond what one would expect from any estate agent.
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Rarely Availble - A Three Double Bedroom First Floor Flat With Garage
The property has good size accommodation with 18ft lounge, fitted kitchen, bathroom/shower room and is presented in good condition throughout, it also has an EXTENDED LEASE, double glazing throughout, gas heating and is offered with no onward chain, Viewing advised.
Contact branch for relevant Energy Performance Certificate


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Pet Sitting & Drop In Visits in Riceton, CA
Book a pet sitter to stop by your home a few times a day to feed and play with your cat or dog.
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Rover.com is the simple, savvy way to find and book Riceton drop in pet sitting. It's easy to find the perfect pet sitter — many sitters have offered pet sitting on Rover for years, and 95% of reviewed stays have received a perfect five-star rating. You'll get daily photo updates, and every stay booked through Rover also includes premium pet insurance, 24/7 support, and a reservation guarantee. Pet sitters on Rover have the option to complete a free background check, which you can see from their background check badge. Pet sitters are booked on Rover every minute of every day, and 92% of the population lives within a short drive of one of the more 60,000 sitters who've listed their services on Rover, so you're sure to find the perfect pet sitter in Riceton. When you book with one of our trusted pet sitters on Rover you get peace of mind that your home and pets are in loving hands.


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2043₽ The Rooftop
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Apartment is 120m2 and is located in a safe area known as Old Town, near to the Kosovo Museum, 5 min walk to the center of the city. Clean beds, fully functioning kitchen, Plasm... подробнее
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1979₽ Cozy Entire Apartment! Great Location in Prishtina
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My just renovated apartment is super cute with cozy living room newly furbished and super white handmade kitchen and bathroom. Located in the city center, more precisely in Boul... подробнее
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New two bedroom apartment, fully furnished: Living room, kitchen, bathroom, two bedrooms, free Wi Fi, it is very cozy and comfortable apartment. Very well planned and practical... подробнее
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1085₽ First floor House with Private Entrance !
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1293 Stansbury Court, Holland 49423
See more homes for sale in Holland, MI
This property has been Sold!
12/03/2015 at $168,000
Welcome home. This well kept cape cod is located on a cul-de-sac in a great neighborhood. With four bedrooms and three bathrooms there is space for everyone. Kitchen is open and large with attached dining area, plenty of room for your family or guests to gather. A slider off of the dining area to the deck is a great transition to the backyard. The home has first floor laundry with storage, a pantry in the kitchen and plenty of cupboard space. The lower level is a great room with a working gas fireplace for those cozy nights. Come see how you will fit into this great home, begin making some new memories here.
Property Information
- Status
- Sold
- Address
- 1293 Stansbury Court
- City
- Holland
- Zip
- 49423
- County
- Ottawa
- Possession
- 30 Dac
- Siding
- Vinyl
- Above Grade SqFt
- 1,973
- Garage Desc.
- 2, Attached
- Water
- Public
- Sewer
- Public
- Year Built
- 2003
- Taxes
- $2,874
Rooms and Land
- MasterBedroom:
- 13x14 Main Floor
- Bedroom2:
- 11x13 2nd Floor
- Bedroom3:
- 12x13 2nd Floor
- Bedroom4:
- 11x12
- Family:
- 13x18
- Kitchen:
- 12x12 Main Floor
- Living:
- 13x18 Main Floor
- Dining:
- 12x12 Main Floor
- Basement
- Daylight, Full Basement
- Cooling
- Central
- Heating
- Forced Air
- Acreage
- 0.26
- Lot Dimensions
- 81.90 x 108
- Appliances
- Dishwasher, Dryer, Garbage Disposal, Microwave, Range, Refrigerator, Washer
- # Fireplaces
- 1
- Fireplace Desc.
- Family
- Exterior Materials
- Vinyl
- Exterior Features
- Deck(s), Porch(es)
Listing Video for 1293 Stansbury Court, Holland MI 49423
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Listing Broker
Listing Courtesy of Five Star Real Estate (main)
Office Address 4601 Lake Michigan Dr. Nw
Listing Agent T (alice) A Steensma
Listings last updated: . Some properties that appear for sale on this web site may subsequently have been sold and may no longer be available.
Our Michigan real estate agents can answer all of your questions about 1293 Stansbury Court, Holland MI 49423. Real Estate One, Max Broock Realtors, and J&J Realtors are part of the Real Estate One Family of Companies and dominate the Holland, Michigan real estate market. To sell or buy a home in Holland, Michigan, contact our real estate agents as we know the Holland, Michigan real estate market better than anyone with over 100 years of experience in Holland, Michigan real estate for sale.
The data relating to real estate for sale on this web site appears in part from the IDX programs of our Multiple Listing Services. Real Estate listings held by brokerage firms other than Real Estate One includes the name and address of the listing broker where available.
IDX information is provided exclusively for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
All information deemed materially reliable but not guaranteed. Interested parties are encouraged to verify all information. Copyright© 2016 MichRIC LLC, All rights reserved.


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20343 N Hayden Road
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Comfort-N-Home, Inc is a leading provider for senior home care and is recognized by some of the largest healthcare organizations and senior communities throughout Arizona.
Whether it is a short term need for recovery or a long term alternative to a nursing home, Comfort-N-Home, Inc. has a solid reputation for providing the care and support to seniors so they may stay independent and safe in their own home.
As a family owned and locally operated home care company, Comfort-N-Home, Inc. takes pride in offering a unique and more personalized approach to tailor fit each individuals care needs. Our compassionate team of Care Coordinators will take the time to listen and set up a customized care plan to ensure the highest quality of care.
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Scout Jacket
Sizing Chart
Ready for exploration? So is the Scout Jacket featuring dual gusseted pockets, contrasting yoke, and the Saga OG logo arm patch.
Tek Specs
- 5,000MM Waterproof / 10,000G Breathable
- TPU lamination w/ 3L bonding
- Polyester soft-shell with 4-way stretch
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
New Jersey Supreme Court
Decided: May 16, 1932.
PETER F. CUMMINGS, RESPONDENT,v.POLICEMEN'S PENSION COMMISSION OF THE BOROUGH OF BELMAR, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, APPELLANT
On appeal from the Supreme Court.
For the respondent, Lester C. Leonard.
For the appellant, Edward A. Markley.
[109 NJL Page 98]
The opinion of the court was delivered by
CASE, J. The relator, on petition, rule to show cause, stipulation and depositions, was allowed a peremptory writ of mandamus out of the Supreme Court directing the policemen's pension commission of the borough of Belmar to take certain preliminary steps to enable that commission to consider the relator's application for retirement and pension. To allow an appeal to be taken the Supreme Court justice, before whom, sitting alone in chambers, the matter was heard, permitted the pleadings to be moulded, vacated the peremptory writ and ordered counsel for the respondent to prepare an alternative writ of mandamus so framed as upon demurrer the precise questions decided by him for the Supreme Court would be presented on appeal. An alternative writ of mandamus thereupon issued, demurrer was filed, rule overruling the demurrer was entered, and, on order, the moulded pleadings were filed and judgment entered. From that judgment the respondent appeals and writes down nineteen causes.
The alternative writ does not set forth facts essential to withstand a demurrer. It does no more than allege that the borough of Belmar had adopted the provisions of the Policemen's and Firemen's Retirement act (Pamph. L. 1920, ch. 160, p. 324), that section 2 of that act provides in the manner recited, that on May 17th, 1930, the relator wrote the respondent as follows:
"I hereby apply for retirement on pension from the Belmar police department, as provided for in section 2, chapter 160, of the laws of 1920. Will appear for examination by police physician at any time that may be convenient to you, thanking you. Yours very truly, Peter F. Cummings."
And that notwithstanding that letter the respondent failed to call the aid of the physician. There is no allegation that the relator was or had been a member of the police department, that he had suffered any disability either permanent or
[109 NJL Page 99]
temporary, or that he had met with injury or disease. The relator is not brought within the purview of the statute that he recites and therefore he may not summon the respondent to action. The matter of inducement stated in the alternative writ should include everything necessary to show jurisdiction over the subject of the writ and to warrant its mandate, and these facts should be stated with precision and issuably. The affidavits and papers of the relator on which the order for the mandamus is granted form no part of the record, and cannot be used to supply essential facts or be considered in deciding a demurrer. Fairbank v. Sheridan, 43 N.J.L. 82. The evidence upon which the writ issues is not a part of the record. Pleasantville v. Pleasantville Water Co., 76 Id. 343, 347.
The function of a demurrer is, admitting the facts alleged by the alternative writ to be true, to challenge the right of the relator, on those facts, to compel the respondent to proceed further. The demurrer occupies the same relative position to the writ of mandamus as it did, under the old practice, to the declaration in personal actions. Kenny v. Hudspeth, 59 N.J.L. 504, 530. Its office is not to allege facts. The demurrer in the instant case, under the guise of setting out causes of demurrer, improperly undertakes to set up a series of facts which are in the nature of a defense by way of confession and avoidance and would properly appear in a return; as, for instance, that the relator was discharged from the police force for cause and on charges.
Stipulations appear in the printed book wherein counsel for the parties say that "the pleadings as now moulded are the result of an honest attempt on the part of the attorneys for both parties to so mould the pleadings that an appeal may be taken" and that the evidence taken under the rule and also the written report of a physician are to be considered by the Court of Errors and Appeals in determining whether or not the judgment of the Supreme Court is to be affirmed. Counsel undertake to set up a novel practice. They ignore that orderly procedure by which an issue, either of law or of fact, is presented; if of law, to be determined by the court (Kenny
[109 NJL Page 100]
v. Hudspeth, supra), if of fact, to go to the Circuit for a jury trial like any other case. Freda v. Societa Di Mutuo, 106 N.J.L. 17. Orderliness and precision in pleadings are not technical snares devised by meticulous minds for the trapping of the unwary. They are essential parts of a procedure designed to enable litigants to make issue of their differences and receive judicial determination with as much expedition and as little legal machinery as is consistent with the administering of justice. However, we shall treat the demurrer as a denial of the right of the relator in point of law to proceed upon the facts stated in the writ. As such the demurrer should have been sustained.
The final point presented on appellant's brief is that Pamph. L. 1927, ch. 210 ("a supplement to an act entitled 'An act relative to writs of mandamus' -- Revision of 1903 -- approved April eighth, one thousand nine hundred and three"), approved March 28th, 1927, under which the Su preme Court justice, sitting alone in chambers, heard the rule to show cause and granted the peremptory writ of mandamus, is unconstitutional in that a writ of mandamus is one of the prerogative writs of the Supreme Court and that the statute is an attempt on the part of the legislature to deprive the Supreme Court of a power which inhered in that court at the time of the adoption of the constitution and is in direct conflict with sections 1 and 5 of subdivision 1 of Article VI of the constitution, citing Traphagen v. Township of West Hoboken, 39 N.J.L. 232, and New Brunswick v. McCann, 74 Id. 171.
Section 3 of an act entitled "An act relative to the Supreme and Circuit Courts," approved April 16th, 1846 (Rev. Stat., p. 196 -- reincorporated from section 4 of an act approved March 24th, 1845, Pamph. L. 1845, p. 154), authorized the justices of the Supreme Court to designate one or more of their number to sit separately during term time for the purpose of hearing and deciding all such matters as, by the rules of the said court, were or might be denominated common business. The Court of Errors and Appeals, in 1855, in the case of Wood v. Fithian, 24 N.J.L. 838, considered and
[109 NJL Page 101]
supported the constitutionality of that legislation in its immediate application to the hearing and determination of a certiorari proceeding by one of the justices sitting alone during term time in a separate chamber from the justices who were engaged in hearing cases "on the paper." In the course of the opinion it was said that the power was undoubtedly in the legislature to enact that "all these matters of common business might be heard by a justice at chambers * * *." If an application for a writ of mandamus comes within the classification of common business, then we have the expression of this court, given more than seventy-five years ago, as well as a further determination presently to be noted, affirming the power of the legislature to enact legislation such as that in controversy.
The Supreme Court rules as revised and adopted at the February term, 1805, contained, under the title "Of Common Business," provision that common business, for the purpose of that title, included all matters not directed, either by law or rule of court, to be put "in the paper." Coxe, p. 14. The matters required by the then extant rules, under the title "Of New Trials, Arguments, &c.," to be set down by the clerk on the paper were "all issues in law, and demurrers to evidence; on all special verdicts and special cases, and on all rules to show cause on motions for new trial and in arrest of judgment, and on motions to set aside awards and reports of referees." Coxe, p. 12. Writs of mandamus and writs of certiorari were both classed as common business, although in the May term, 1814, the court ordered that thereafter causes brought up by writ of certiorari, except in certain cases, should be brought to hearing upon the terms prescribed under the rule "entitled 'Of New Trials, Arguments, &c.,' and not as common business as heretofore." Coxe, p. 16. But this latter provision was later omitted and in 1854 as appears by the rules of the Supreme Court published in that year by William M. Force, clerk, rule 41 provided that "all cases to be argued on the following matters, shall be set down by the clerk on the paper, that is to say, demurrers to evidence; demurrers to pleadings; motions to set aside verdicts, nonsuits,
[109 NJL Page 102]
reports of referees and auditors, awards and inquisitions; issues of law on writs of error; special verdicts;- cases reserved at trial; cases agreed between the parties without trial; and that other matters not by this rule directed to be placed on the paper, shall come on to be heard at the times allotted to the hearing of common business; and it is further ordered, that the court may at any time direct in any particular case any matter not above enumerated, to be set down in the paper, when in their opinion the case may require it;" and writs of mandamus, still, and writs of certiorari, again, were classed as common business. It was at this stage of the rules that Wood v. Fithian, supra, was decided. Rule 41 later became rule 34.
Neither writs of certiorari nor writs of mandamus are within the matters thus required to be set down on the paper. These prerogative writs were classed with common business. The writ of certiorari was specifically stated so to be in Wood v. Fithian, supra. Supreme Court rules 73 to 79 inclusive as extant prior to the adoption of the revised rules of 1900 constituted Article XVII of the rules and were entitled "Common Business, &c.," but do not further define what that common business consisted of. Nevertheless Corbin's New Jersey Court Rules (2 d ed. -- 1898), notes under this title that "all the business of the Supreme Court at bar is common business except such as is required to be put on the list." By the Supreme Court rules as revised November term, 1900, effective February term, 1901, former rule No. 34, above referred to, became rule No. 29, with changes not important to this discussion. Under the present revision of the rules, such parts of the rule last known as 29, and theretofore as No. 34 as are still preserved are in rule No. 150, and by the last named rule those matters that were earlier required to be "set down on the paper" are reserved for hearing before Part I of the Supreme Court and applications for certiorari, rules to show cause why a writ of mandamus should not issue and applications for all rules to show cause are fixed for hearing before Part II. Matters portaining to writs of mandamus and to writs of certiorari are obviously still classed as common business.
[109 NJL Page 103]
The listing of causes has ceased to be a distinguishing feature because the clerk, by present rule 151, is directed to prepare a list of all matters for hearing on argument at the term, dividing the same into three divisions containing respectively the matters proper to be heard before the several parts of the court and directs that "there shall be a call of the list for litigated common business after the disposition of common business not litigated." Although the putting on the list has ceased to be a distinction between matters that are and that are not "common business," we have looked back into the period in which that expression was given its meaning and we have found not only that the writ of mandamus came within that title, but that the writ of mandamus and the writ of certiorari came within the same field of judicial operations. The importance of the last observation is that in Dubelbeiss v. West Hoboken, 82 N.J.L. 683, affirming (so far as the matters under discussion are concerned) on the opinion below by Mr. Justice Parker, 81 Id. 98, this court has already determined that the writ of certiorari is common business and that the legislature was therefore empowered to make that writ cognizable before a single justice at chambers. The reasoning contained herein and in the Dubelbeiss opinion makes it clear that the cases, supra, cited by appellant do not apply. We conclude that the writ of mandamus is within the class of common business, that it was competent for the legislature in facilitating the transaction of such business to make the writ cognizable before a single justice and that the act of 1927 is constitutional.
For the reasons first above given the judgment will be reversed, but without prejudice. Counsel for the respondent (below) was ordered by the court below to prepare an alternative writ of mandamus so framed as, upon demurrer, to present the identical questions decided by the court below on the rule to show cause. The alternative writ does not do that. The respondent should not profit by this omission. It remains the duty of its counsel to prepare an alternative writ that by way of inducement shall recite the facts upon which the court below originally allowed the peremptory writ. When such
[109 NJL Page 104]
a writ is prepared and demurred to, and the other essential steps in the moulding of pleadings are taken, the matter may be presented anew. Costs will abide the final determination.
For affirmance -- None.
For reversal -- THE CHIEF JUSTICE, TRENCHARD, PARKER, CAMPBELL, LLOYD, CASE, DONGES, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, KERNEY, JJ. 13.
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Cabbage Rolls Along
Nicole Bredeweg
This is an old favorite in my house. I remember my mother making it for family get-togethers. (Only on her side, though. Hmmm.) My husband had had them, too, growing up, so when we came across this recipe, we tried it. Delicious! It comes from a cookbook, "Casseroles to the Rescue".
Featured Pinch Tips Video
- 1 large
- cabbage head
- 1 1/2 lb
- ground beef
- 1
- egg
- 3 Tbsp
- ketchup
- 1/3 c
- bread crumbs, seasoned
- 2 Tbsp
- onion flakes, dehydrated
- 1 tsp
- seasoning salt
- 30 oz
- italian stewed tomatoes
- 1/4 c
- cornstarch
- 3 Tbsp
- brown sugar
- 2 Tbsp
- worcestershire sauce
Directions Step-By-Step
1In large kettle, place head of cabbage in boiling water for 10 minutes or until outer leaves are tender. Drain well. Rinse in cold water and remove 10 large outer leaves. (To get that many large leaves, you may have to put 2 smaller leaves together to make one roll.) Set aside.
2Take remaining cabbage and slice or grate in slivers. Place in bottom of greased 9" x 13" baking dish.
3In large bowl combine ground beef, egg, ketchup, breadcrumbs, onion flakes, and seasoned salt and mix well.
4Place about 1/2 cup mixture packed together on each cabbage leaf. Fold in sides and roll up leaf to completely enclose filling. You may have to remove thick vein from cabbage leaves for easier rolling. Place each rolled-up leaf over grated cabbage.
5Place stewed tomatoes in large saucepan.
Combine cornstarch, brown sugar, and Worcestershire sauce and spoon mixture into tomatoes. Cook on high heat, stirring constantly, until stewed tomatoes thicken. Pour over cabbage rolls.


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Blueberry Margarita
Total Time
Prep 10 mins
Cook 0 mins
Lovely blue color and great margarita taste.
Ingredients Nutrition
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