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APPEAL from the Circuit Court of Peoria County; the Hon.
CHARLES M. WILSON, Judge, presiding.
Following a jury trial, defendant was found guilty of murder and indecent liberties with a child. Consecutive sentences of 50-150 years for murder and 40-120 years for indecent liberties were imposed. The issues presented to this court are whether the evidence is sufficient to prove defendant's guilt beyond a reasonable doubt, whether results of a polygraph examination taken by defendant were improperly excluded and whether the trial court erred by refusing to give second paragraph of IPI Criminal No. 3.02.
The State's evidence showed that on April 19, 1973, Shirley McCune, age 13, was baby-sitting at the Karen Gentile residence in Sparland, Illinois. Miss McCune's grandmother talked with her by telephone at 10:30 p.m. On April 21, 1973, Miss McCune's body was found in a cemetery in Peoria. The body, which was wrapped in two blankets, was nude from the waist down and her brassiere was cut in front. Medical examination revealed a fractured skull and other bruises, but death was caused by strangulation due to a sash which was looped around her neck. A vaginal swab revealed the presence of intact sperm. The time of death was not accurately determined; however, the examining physician stated that the body could not have lain in the position in which it was found for more than 18 hours.
While the victim was baby-sitting, Karen Gentile and two male companions, Williams and Denmark, had been drinking in a bar in Lacon, Illinois, during the evening of April 19. Williams testified that he saw defendant playing pool in the Lacon bar around midnight, although Williams had been unable to identify defendant from a series of photographs shown to him prior to trial. The three drove to Peoria to continue drinking and, after arriving in Peoria at 4 a.m. April 20, 1973, Mrs. Gentile walked off to purchase beer. A short time later Denmark attempted to locate her and found her conversing with defendant, who was sitting in a tan-colored van. After a brief conversation in which defendant propositioned Mrs. Gentile, Denmark walked away with her, and defendant drove off in the van. Denmark identified defendant from a series of photographs shown to him by the police.
Mrs. Gentile and her two companions then drove back to Sparland, arriving at her house at 6 a.m. By this time Mrs. Gentile was quite intoxicated, as were Denmark and Williams to a lesser extent. Williams remained in the car and fell asleep while Denmark and Mrs. Gentile went inside and almost immediately fell asleep on the couch. Neither Denmark nor Mrs. Gentile remembered seeing Miss McCune at this time. When Denmark awoke at 9 a.m. he did not see Miss McCune, although he saw her shoes, jacket and panties lying on the floor by the dining room table.
Defendant and two other men, Sutton and Louchs, were employed by an Indianapolis firm which had contracted to do maintenance work at the Caterpillar plant in Peoria. Defendant and Sutton rented a trailer at a mobile home park in Peoria, and Louchs lived in his camper. The three men used a company vehicle, a tan-colored van, for transportation.
On April 19, they finished work at 10:30 p.m. and drove to a gas station where the gas tank was filled and the windows were cleaned. Then they stopped at a tavern and drank a few beers. Louchs left around midnight and could not recall if defendant and Sutton were in the tavern when he left. Sutton was uncertain as to what time he and defendant left the tavern, but in an earlier statement he had told police he was with defendant until midnight. Defendant dropped Sutton off at their trailer and drove away. The next morning the van was parked by the trailer with the gas tank three-quarter's empty and the windshield covered with bugs. Defendant arrived at work shortly after 8 a.m. saying that he had taken a cab to work. Defendant used the van during his lunch hour, stating that he wanted to look at a used car which was for sale. Sutton and Louchs testified that defendant had been very interested in purchasing a used car during the month of April and that defendant had expressed an interest in a 1962 Chevy II.
Mr. and Mrs. Hill lived in a trailer directly across from the trailer occupied by defendant and Sutton at the mobile home park in Peoria. When they returned to the trailer on April 25, they found blood stains on and around the bed and a previously unused meat cleaver that had been unwrapped and washed during their absence. The telephone wires were cut and there were pry marks at the outside of the rear door. Mr. Hill found a classified ad on the floor advertising a 1962 Chevy II for sale for $195. Mrs. Hill subsequently identified the blankets in which the victim's body was wrapped and the sash as belonging to them. Lab tests revealed that some of the blood stains were type "O", which was the same type as the victim's blood.
The police searched defendant's trailer after obtaining permission and found a screwdriver underneath defendant's clothing in a chest of drawers. Defendant initially told the police that the screwdriver belonged to him. However, the screwdriver belonged to Louchs and had previously been in the van, and subsequently defendant told police that he had taken it to repair a radio. A police officer testified that when he showed defendant the classified ad found in the Hill trailer, defendant stated that he had cut out an ad like that and carried it with him.
A tool mark expert testified that he made a microscopic comparison of the pry mark on the Hill trailer door with samples of pry marks made by the screw driver found in defendant's possession. In the expert's opinion, the screwdriver positively made the pry mark on the door.
Ronald Edwards, who had been incarcerated in the county jail with defendant, testified that defendant had told Edwards that he killed Miss McCune after a "sex party." Edwards had three previous felony convictions, and in return for his testimony the State offered to move for an appeal bond in his behalf and agreed to attempt to have Edwards incarcerated in Vandalia rather than Joliet. Edwards also admitted reporting another jail-house admission of a fellow prisoner.
Defendant testified that he stayed in Peoria during the evening of April 19 and engaged the services of a prostitute in the early morning hours of April 20. Defendant stated that he left the van at his trailer and drove to the woman's house in her car, and then took a cab to work. During his lunch hour on April 20, he took the van to look at a car advertised for sale. William Murr testified for the defense that defendant came to his place of employment between noon and 1 p.m. on April 20 to look at a car being offered for sale and stayed between 15-20 minutes.
The first issue is whether the evidence is sufficient to establish defendant's guilt beyond a reasonable doubt. We find that it is.
It is the function of the jury to weigh testimony, judge credibility and resolve disputed factual matters. Weight and sufficiency of the evidence are matters peculiarly within a jury's province, and a reviewing court will not disturb the jury's finding unless based on evidence so improbable or implausible as to cause a reasonable doubt of the accused's guilt. People v. Williams (1968), 40 Ill.2d 522, 240 N.E.2d 645, cert. denied, 393 U.S. 1123, 22 L.Ed.2d 129, 89 S.Ct. 1004; People v. Nicholls (1969), 42 Ill.2d 91, 245 N.E.2d 771, cert. denied, 396 U.S. 1016, 24 L.Ed.2d 507, 90 S.Ct. 578.
• 1 The evidence here clearly shows that the victim was taken to the Hill trailer, which was across from defendant's trailer. A classified ad for a car in which defendant had been interested was found in the Hill trailer. Moreover, defendant had clipped an ad for that particular car and had carried the ad with him. A microscopic comparison by a qualified expert revealed that pry marks on the Hill trailer door were made by a screwdriver found underneath defendant's clothing in a chest of drawers. The fact that the van which defendant drove on the night in question had used three-quarter's of a tank of gas and was covered with bugs is consistent with the driving necessary to go between Peoria and Sparland and contradicts defendant's testimony that he remained in Peoria. There is also the testimony of Ronald Edwards regarding statements made by defendant while incarcerated, although such testimony is ordinarily suspect and is to be viewed with caution.
• 2 Regarding the conviction for indecent liberties, a vaginal swab revealed the presence of intact sperm, although medical testimony was unable to determine how recently intercourse had taken place. However, the victim, age 13, was found nude from the waist down and her brassiere had been cut in two. In the absence of contrary evidence, we believe these facts support a finding that Miss McCune's murderer also committed the offense of indecent liberties.
Accordingly, we find that the evidence is sufficient to support the convictions. See People v. Murdock (1971), 48 Ill.2d 362, 270 N.E.2d 21, cert. denied, 404 U.S. 957, 30 L.Ed.2d 274; 92 S.Ct. 324, People v. Mackins (1st Dist. 1974), 17 Ill. App.3d 24, 308 N.E.2d 92, cert. denied, 419 U.S. 1111, 42 L.Ed.2d 808, 95 S.Ct. 786.
Defendant next contends that results of a polygraph examination which was administered to defendant by the police were improperly excluded.
• 3 In Illinois, it is well established that results of polygraphic examination are inadmissible absent a stipulation by both parties. (People v. Zazzeta (1963), 27 Ill.2d 302, 189 N.E.2d 260.) In People v. Nicholls, which involved a similar situation, our Supreme Court stated:
"We have consistently held that results of polygraphic examination cannot properly be introduced as evidence either of guilt or innocence of an accused." (42 Ill.2d 91, 97.)
Accord, People v. Mason (5th Dist. 1975), 29 Ill. App.3d 121, 329 N.E.2d 794.
The final issue concerns the trial court's refusal to give the second paragraph of IPI Criminal No. 3.02, which reads as follows:
"You should not find the defendant guilty unless the facts and circumstances proved exclude every reasonable theory of innocence."
Defendant contends that there was no direct evidence with regard to the indecent liberties charge.
The Committee Comments to this instruction provide that the second paragraph should only be given when proof of guilt is entirely circumstantial. In determining whether this paragraph is appropriate, any admissions by defendant are to be considered as direct evidence. (People v. Brown (1974), 56 Ill.2d 312, 307 N.E.2d 356, rev'd and rem. on other grounds, 422 U.S. 590, 45 L.Ed.2d 416, 95 S.Ct. 2254.) There, defendant's admission that he tied up the victim before the victim was shot by someone else was held to constitute direct evidence of defendant's participation in the crime of murder. See also People v. Mickelson (3d Dist. 1975), 32 Ill. App.3d 813, 336 N.E.2d 806.
• 4 In the instant case, Edwards testified that defendant stated he had killed Miss McCune after a sex party. In addition, there was evidence regarding the victim's age and the presence of sperm in her vagina, which constituted direct evidence of the offense. (See People v. Bolton (3d Dist. 1976), 35 Ill. App.3d 965, 343 N.E.2d 190; People v. Christiansen (2d Dist. 1969), 118 Ill. App.2d 51, 254 N.E.2d 156.) Therefore, we find no error in the trial court's refusal of this instruction.
As our Supreme Court has repeatedly said, the purpose of review in a criminal case is not to determine whether the record is perfect but rather to determine whether the defendant has had a fair trial under the law and whether his conviction is based upon evidence establishing his guilt beyond all reasonable doubt. People v. Ward (1965), 32 Ill.2d 253, 204 N.E.2d 741, cert. denied, 384 U.S. 1022, 16 L.Ed.2d 1026, 86 S.Ct. 1947.
After thoroughly considering all the matters assigned and argued in this court we conclude that defendant had a fair trial, free from prejudicial error, accordingly, the judgments of conviction of the Circuit Court of Peoria County are affirmed.
BARRY, J., concurs.
Mr. JUSTICE STOUDER, specially concurring:
I agree with my colleagues the evidence is sufficient to support the judgment in this case and I agree with the reasons set forth supporting such result. However, with respect to the circumstantial evidence instruction it is my opinion the full instruction should have been given but in view of the difficulties in determining what evidence is direct evidence and what is not, it appears to me there is at present no criteria for determining whether the instruction should or should not be given in full. (See my dissenting opinion in People v. Minish, 19 Ill. App.3d 603, 312 N.E.2d 49.)
When we speak generally of direct and circumstantial evidence we are endeavoring to talk about the relative quality of the evidence. We emphasize that neither kind of evidence is good or bad but rather that some kinds of evidence may be more probative than others depending upon the situation and the facts to be proved. With respect to circumstantial evidence such evidence may but need not support the final inferences for which such evidence is introduced. In the common use of the term some of the inferences may be coincidental and equally subject to contrary inferences and it is for this reason in some cases caution about the ultimate inference is required. In other types of cases the ultimate inference may be quite probable and hence the probative value of the basic evidence is high.
My colleagues have suggested the statement of the defendant to a coprisoner in jail is direct evidence. They have also suggested the evidence of age and the medical opinion that the sample tested was sperm were also direct evidence. With respect to the defendant's statement it is clear that within the usual meaning such a statement is not direct evidence. However, where such a statement amounts to a confession it is sometimes said that it is of even more probative value than direct evidence and considered of higher and perhaps the highest quality of evidence. A statement to a fellow prisoner is quite different from a confession and in fact is usually considered of little or no probative value. Evidence of age certainly has nothing to do with direct evidence that a crime was committed or by whom and is permitted as an exception to the hearsay evidence rule. If direct evidence generally refers to eyewitness testimony of the occurrence then expert testimony of whatever its character could not be considered direct evidence.
The giving of the full circumstantial evidence instruction is usually opposed by the prosecution for the reason that it appears to be akin to a reasonable doubt instruction couched in terms more favorable to the defense than to the prosecution. On the other hand, some defendants do not like the full instruction because it calls attention to the fact the jury is not required to believe alternative possibilities. In any event it seems to me the exercise of determining whether evidence is direct or circumstantial is of no useful purpose in the absence of some definitive exposition on the reasons for the instruction and the distinctions which are applicable.
Accordingly, even though I believe the evidence in this case is all circumstantial, I am not persuaded the recommendation of the drafters of the Uniform Pattern Instructions are viable at this time.
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May 10, 2013
UTHA HELLMANN-BLUMBERG, PLAINTIFF,v.UNIVERSITY OF THE PACIFIC, A CALIFORNIA CORPORATION, DEFENDANT.
This matter came before the court once again on May 10, 2013, for hearing on plaintiff's motion to compel production. (Doc. No. 27.) Attorney Jose Fuentes appeared on behalf of plaintiff Utha Hellmann-Blumberg. Attorney Linda Adler appeared telephonically on behalf of defendant University of the Pacific.
After considering the arguments of the parties set forth in the joint statement of discovery disagreement filed May 2, 2013 (Doc. No. 44)*fn1 and at oral argument, plaintiff's motion to compel production is granted in part as explained below.
The court, upon reflection, concludes that the discovery sought by plaintiff may have relevance to her claim of discrimination in defendants denial of her seeking tenure and promotion and in defendant's ultimate decision to terminate her. See Gonzalez v. Police Dept., City of San Jose, 901 F.2d 758, 761 (9th Cir. 1990) ("We agree that evidence that the employer violated it's own affirmative action plan may be relevant to the question of discriminatory intent."); see also Craik v. Minnesota State University Bd., 731 F.2d 465, 472 (8th Cir. 1984) ("The defendants often did not abide by the plan. They did not set goals and timetables for promotion through the academic ranks, or for chair positions. Nor did they set timetables for appointing women to administrative positions."); Butler v. Home Depot, Inc., 984 F. Supp. 1257, 1261-62 (N.D. Cal. 1997). Moreover, it has not been established that the defendant's "Diversity Hiring Plan" which plaintiff seeks does not address the tenure review process directly at issue here.
Engaging in the balancing required under Rule 26(b) of the Federal Rules of Civil Procedure, the court does find that the scope of the production sought by plaintiff is unreasonable, particularly in light of defendant's unchallenged representation that the "Diversity Hiring Plan" is not electronically maintained by the University. Accordingly, the court will limit the required production to the "Diversity Hiring Plan" in effect during the five calendar years of 2004-2008.*fn2 The court believes that a search for the University's "Diversity Hiring Plan" in effect for that limited number of years does not impose an undue burden on defendant.
Accordingly, plaintiff's motion to compel production of documents (Doc. No. 27) is granted in part. Defendant shall produce to plaintiff's counsel the requested documents identified above within twenty-eight days of the date of service of this order.*fn3
DAD: Ddad1\orders.civil\hellmann0286.oah.051013
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Pluggers by Gary Brookins
- January 13, 2013
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Mr. Brookins seems to like Ford pickups. Good Man!
Great song, too.
Yah, I love that song too, had it on track…great driving song…
a 1968 ford truck? (the song predated the movie "easy rider" by several months)
oops-the artist had both the year the song came out and the year of the truck correspond with each other. i missed the license plate before i made my comment.
Notice that he is riding by himself. His wife won't be caught dead in that truck. If, and I do stress the 'if', he wants her to go along they have to go in her car!!
I have a Ford F250 with a 7.3 diesel engine. It is OK as long as you can keep automatic transmission in it. They last about 30-50 thousand miles in the Rocky Mts.
loved my first truck 67 f250 with a 390 engine and a 4 barrel holly carb.
Ford,Found On Road Dead or Fix Or Repair Daily GMC is my brand
Nice drawing. Looks just like my old man's '72 F-100 he had when I was a kid. As for little annoying dog- "number one selling truck XXX-years running", lol.
his wife doesn't like to ride in it.
This looks like an old Ford truck that's rust colored.
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Joan Chen
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Aluminum Truck Toolbox, 30 In.
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August 16, 2007
S&A REALTY CORP., PLAINTIFF-RESPONDENT,v.KEARNY INDUSTRIAL ASSOCIATES, LLP, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. 486-05.
Argued August 7, 2007
Before Judges S.L. Reisner and Lyons.
Defendant, Kearny Industrial Associates, LLP (Kearny), appeals from a final judgment entered August 26, 2005, awarding plaintiff, S&A Realty Corp. (S&A), $106,073 in legal fees and costs arising out of an earlier lawsuit between the parties and this lawsuit.
The relevant facts and procedural history are as follows. On May 7, 2002, S&A filed a complaint against Kearny alleging that Kearny breached a real estate purchase agreement between the parties dated February 7, 2001. S&A alleged that pursuant to the agreement, Kearny was contractually obligated to vacate the property on October 31, 2001, and if it failed to do so, it became a tenant at sufferance and was committed to make payment at the rate of $25,000 per month to S&A for the use and occupancy of the site. In addition, S&A alleged that Kearny owed money to S&A for real estate and sewer charges on the property during that holdover period. S&A also alleged that pursuant to the agreement, Kearny had represented that there were no significant events which would have a material adverse effect on the premises, but that Kearny had failed to disclose significant information regarding friable asbestos contamination on the property.
S&A's allegations were embodied in two counts. The first count was for breach of contract for failure to pay the monthly use and occupancy charges as well as taxes and sewer charges, and the second count was for concealment of a real property defect. A trial in the matter was held in July 2003, and at the end of S&A's proofs, the trial judge granted Kearny's motion to dismiss count two, the concealment of a real property defect, based on insufficient legal proofs advanced by S&A.
On September 22, 2003, the trial judge ruled in favor of S&A on count one and entered judgment in S&A's favor for $86,588. In this first action, there was no mention of counsel fees in S&A's complaint, nor was any application for same sought. On December 23, 2004, our court affirmed the trial judge's judgment in favor of S&A. S&A did not appeal the dismissal of count two of the complaint.
On January 24, 2005, S&A filed a new complaint against Kearny. In this complaint, S&A alleged that under Section 20(l) of the real estate purchase agreement between the parties dated February 7, 2001, it was the prevailing party in the earlier action between S&A and Kearny and, therefore, was entitled to its costs of litigation, including its court fees and reasonable attorney's fees. Section 20(l) reads as follows:
[t]he prevailing party in any litigation or arbitration arising under this Agreement shall be entitled to receive from the losing party the prevailing party's cost of litigation or arbitration incurred to enforce this Agreement (including, without limitation, its court fees and reasonable attorneys' fees).
Kearny filed an answer and counterclaim in response. It raised as a separate defense, the entire controversy doctrine as well as estoppel and other defenses. In count one of its counterclaim, Kearny sought its fees and costs for having prevailed with respect to the dismissal of count two contained in the earlier lawsuit. In count two of its counterclaim, Kearny asserted that it was entitled to counsel fees under the frivolous claim statute, N.J.S.A. 2A:15-59.1, and under Rule 1:4-8.
Kearny moved for summary judgment against S&A and counsel fees. Its motion sought summary judgment dismissing counts one, two, and three of plaintiff's complaint and granting summary judgment to it on count two of its counterclaim, awarding counsel fees under the frivolous claim statute and rule.
S&A cross-moved for summary judgment seeking an order granting it summary judgment for its attorney's fees and costs for trial, its collection efforts, the appeal in the earlier matter and this case, and denying Kearny's motion entirely. Following oral argument, the trial judge granted S&A's motion for summary judgment and denied Kearny's motion for summary judgment. The trial judge then reviewed S&A's fee submission, and on August 26, 2005 entered final judgment.
In the first paragraph of the final judgment, the trial judge awarded fees to S&A incurred during the preparation and trial of the first lawsuit. In paragraph two, she awarded fees incurred during the "enforcement of Judgment No. J-288672-03," the docketed judgment in the earlier suit. In paragraph three, she awarded attorney's fees incurred in connection with the direct appeal of the final judgment of the earlier suit. In paragraph four, the trial judge awarded fees incurred in obtaining summary judgment in this case, and in paragraph five, she awarded costs incurred in the preparation and trial of the underlying case, the enforcement of the judgment, the direct appeal of the final judgment, and obtaining summary judgment in this case. The total awarded by the trial court was $106,073.
In the trial court's oral decision, the judge reviewed the entire controversy doctrine and, relying primarily on K-Land Corp. No. 28 v. Landis Sewerage Authority, 173 N.J. 59 (2002), concluded that the claim for legal fees had not accrued at the time the earlier action was heard and, therefore, found no merit in the entire controversy defense raised by Kearny. The trial court also did not find S&A's suit to be frivolous under the statute or rule. This appeal ensued.
Kearny argues on appeal that the trial court erred in granting summary judgment to S&A because the claim should be barred by the entire controversy doctrine. Kearny argues that even if the claim for legal fees were deemed unaccrued, it should have been joined pursuant to Rule 4:27-2, and that pursuant to Rule 4:42-9(d), an allowance for fees should not be by way of a separate order. Kearny argues Rule 4:42-9(d) implies that with respect to fees, such a claim should be brought in the underlying case. Kearny also argues that S&A's separate successive lawsuit for fees does not fall within any of the exceptions to the entire controversy rule and that pursuant to Rule 1:10-3, the trial judge in the earlier action, during the period of appeal, could have entertained a counsel fee application. Kearny further argues that this contractual attorneys' fee claim does not extend to post-judgment collection services, which were included in the trial judge's final judgment in this case. In addition, Kearny argues that it was the prevailing party in the first suit with respect to the second count of S&A's complaint and that it should have been accorded that status and awarded fees pursuant to count one of its counterclaim in this case. Lastly, Kearny argues that Rule 2:11-4 requires our court to have been the forum for the determination of fees due on appeal and that it was error for the trial judge to make an award in that regard.
We begin our analysis of Kearny's claims by restating applicable legal principles. "The entire controversy doctrine is an equitable preclusionary doctrine." Bonaventure Int'l. v. Borough of Spring Lake, 350 N.J. Super. 420, 440 (App. Div. 2002). The doctrine "balances the objectives of efficiency and fairness." Circle Chevrolet Co. v. Giordano, Halleran & Ciesla, 142 N.J. 280, 294 (1995), overruled on other grounds, 150 N.J. 424 (1997). The doctrine has been applied to bar claims involving the same commonality of facts in cases involving piece-meal litigation where parties for strategic reasons have withheld claims concerning the underlying action, seeking two bites at the apple. Bd. of Ed. v. Faridy Thorne Frayta, P.C., 321 N.J. Super. 275, 284 (App. Div. 1999); see, e.g., DiTrolio v. Antiles, 142 N.J. 253, 269 (1995); Cogdell v. Hosp. Ctr. at Orange, 116 N.J. 7, 26 (1999). "Although the explicit wording of the rule governing the mandatory joinder of claims [Rule 4:30A] has remained unchanged, the Court continues to emphasize that equitable considerations should ease the path upon which the doctrinal bar travels." Faridy, supra, 321 N.J. Super. at 284. "As with other discretionary standards, 'a particularized evaluation is required to determine whether the policies sought to be fostered by the doctrine require its application as a preclusive principle when balanced against a litigant's right to tailor separate causes of action.'" McNally v. Providence Washington Ins. Co., 304 N.J. Super. 83, 93 (App. Div. 1997) (quoting DiTrolio v. Antiles, 276 N.J. Super. 234, 247 (App. Div. 1994), rev'd on other grounds, 142 N.J. 253 (1995)).
The Court has emphasized that "the polestar for the application of the [entire controversy] rule is judicial 'fairness.'" Reno Auto Sales, Inc. v. Prospect Park Sav. and Loan Ass'n, 293 N.J. Super. 624, 630 (App. Div. 1990) (citing Cogdell, supra, 116 N.J. at 17). See also K-Land, supra, 173 N.J. at 74. The rule is to be applied with discretion "and clarification of the limits of the doctrine is best left to case-by-case determination" according to the Court. Circle Chevrolet, supra, 142 N.J. at 290. Given the equitable considerations which come into play when analyzing an issue arising under the entire controversy doctrine, we note that the Court has made it clear that preclusion should be a remedy of last resort. Olds v. Donnelly, 150 N.J. 424, 446-47 (1997); Gelber v. Zito P'ship., 147 N.J. 561 (1997).
The doctrine though, "does not apply to bar component claims that are unknown, unarisen, or unaccrued at the time of the original action." Circle Chevrolet, supra, 142 N.J. at 294. See also R. 430A; DiTrolio, supra, 142 N.J. at 274-75; Cafferata v. Peyser, 251 N.J. Super. 256, 260 (App. Div. 1991). Generally, a cause of action accrues upon the occurrence of a wrongful act resulting in injury for which the law provides a remedy. Beauchamp v. Amedio, 164 N.J. 111, 116 (2000).
When reviewing legal fee claims, we are mindful that under the so-called "American Rule," generally each party is required to pay its own attorney's fees and other litigation costs. Rendine v. Pantzer, 141 N.J. 292, 322 (1995). Rule 4:42-9(a) recognizes certain exceptions to that rule. Contractually based claims, though, do not fall within any of the designated exceptions. Kellam Assocs. v. Angel Projects, LLC, 357 N.J. Super. 132, 138 (App. Div. 2003). The rule, however, "does not preclude a party from agreeing by contract to pay attorneys' fees." Ibid. Such contractual provisions will, however, be strictly construed in light of the general policy disfavoring counsel fee awards. See McGuire v. City of Jersey City, 125 N.J. 310, 327 (1991). To obtain attorneys' fees, the parties seeking them must have prevailed in the underlying actions. Kellam Assocs., supra, 357 N.J. Super. at 139. A party will be considered prevailing, "if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit." R.M. v. Supreme Court of New Jersey, 190 N.J. 1, 9-10 (2007) (quoting Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed. 2d 40, 50 (1983)). In order to collect attorneys' fees, the party seeking such fees must prove that: (1) the attorney's efforts were "necessary and important" factors in prevailing; and (2) "the relief granted had some basis in law." Kellam Assocs., supra, 357 N.J. Super. at 139.
Our court has held that contractual agreements to pay attorney's fees must expressly provide for post-judgment collection services if they are to be enforceable. See Hatch v. T & L Assocs., 319 N.J. Super. 644, 649 (App. Div. 1999). The obligation to pay attorney's fees for post-judgment collection efforts has to be clear and specifically provided for. Ibid. Unless the agreement is express as to the obligation for post-judgment collection efforts, our court has declined to construe it as imposing that obligation. Ibid.
Rule 2:11-4 provides that an application for legal fees rendered on appeal shall be made by a motion to the appellate court, which motion is to be served and filed within ten days after the termination of the appeal. In Viceroy Equity Interests, LLC v. Mt. Hope Dev. Ass'n., we noted the confusion which may result from Rule 4:42-9(a) and Rule 2:11-4 when there is a contractual provision for attorney's fees and an application for such fees based on an appeal is made. 350 N.J. Super. 1, 4 (App. Div. 2002). Accordingly, in Viceroy, we relaxed the time limits set forth in Rule 2:11-4 to permit a motion to be filed with our court for contractual attorney's fees arising from an appeal. Ibid.
In this case, we concur with the trial judge's determination that the claim for contractually agreed upon legal fees was not barred by the entire controversy doctrine. The doctrine clearly does not bar unaccrued claims. Circle Chevrolet, supra, 142 N.J. at 294. As we have said, a cause of action accrues when there has been a wrongful act resulting in injury for which the law provides a remedy. Beauchamp, supra, 164 N.J. at 116. In this case, the wrongful act was a breach of Section 20(l) of the real estate purchase agreement which provides for legal fees and costs to be paid to the prevailing party in enforcing the terms of the agreement. The breach of the obligation to pay legal fees to the prevailing party could not have arisen until there was a breach of the agreement. In the action to enforce it, S&A was finally adjudicated to be the prevailing party, and Kearny refused to pay S&A's resultant legal fees. Hence, at the time of the earlier suit, the legal fee claim had not yet accrued. Accordingly, we do not find any merit in Kearny's defense that the legal fees were barred by the entire controversy doctrine.
We agree with Kearny that pursuant to Rule 4:27-2, the claim for legal fees could have been brought in the initial action and heard upon conclusion of the trial. We further concur that this would have been the better course because that practice assures that the same judge who heard the trial and witnessed a claimant's legal efforts would pass on the reasonableness of the fees for those efforts. Further, if an appeal were had after such an award, an appellate court would look not only at the merits of the case, but also the import of a contractual fee shifting provision and the reasonableness of any fee award. Such action would better promote efficiency and judicial economy. However, this does not obviate the fact that the claim did not accrue until the underlying litigation was concluded, and in this case the same trial judge happened to hear the second case. We see little prejudice to Kearny by the procedure followed here, although we stress that raising the claim for fees early and in one action would be the more efficient and preferable route.
We disagree with Kearny that the provisions of Rule 4:42-9(d) mandate an unaccrued claim be included in the underlying action and that Rule 1:10-3 would have specifically allowed legal fees on the underlying claim to be heard by the trial judge in the initial suit during pendency of the appeal. Rule 1:10-3 is directed at enforcing litigants' rights and permits a fee award for such applications. Absent a claim in a complaint for contractual legal fees which has been adjudicated, or a court rule or order, a litigant has no right to enforce a contractual legal fee obligation by motion under Rule 1:10-3 merely because it was contractually agreed upon.
We do, however, find merit in Kearny's argument that an award of legal fees of $25,489 in paragraph two of the final judgment incurred during the enforcement of the judgment may be improper. In Hatch, we made it clear that unless the contractual agreement is express as to the post-judgment collection obligation, we will not construe it as imposing an obligation to pay legal fees for collection efforts following an award of a judgment. 319 N.J. Super. at 649. We, therefore, reverse paragraph two of the final judgment order and remand the matter to the trial court so a hearing can be had as to whether the parties, pursuant to Hatch, clearly and specifically provided for post-judgment attorney's fees in paragraph 20(l) of the real estate purchase agreement.
We also agree with Kearny that the $41,178 awarded for attorney's fees on the direct appeal was not appropriately heard at the trial court level. See Viceroy, supra, 350 N.J. Super. at 4-5. In Viceroy, we noted that a plaintiff seeking legal fees on an appeal based on a contractual agreement "should have been guided by the general rubric that fee applications are made to the court in which the services claimed for were rendered." Ibid. Consistent with our holding in Viceroy, the time limit set forth in Rule 2:11-4 shall be relaxed and S&A is allowed to apply by motion to the Appellate Division for fees on the appeal within ten days of the determination of this appeal.
With respect to paragraph five of the final order, the judge awarded $5,276.94 for costs, including the trial of the underlying case, the appeal, the enforcement of the judgment and the summary judgment. We reverse and remand that award consistent with our findings set forth above. The trial judge must separate these costs and deal with them in accordance with our opinion.
Lastly, we note that Kearny argues that it was the prevailing party on count two of S&A's complaint in the underlying case and it should be awarded fees. We further note that in count one of Kearny's counterclaim in this case, it sought fees as the prevailing party. The trial court, however, entered "final judgment" in this case without addressing in the summary judgment motion or otherwise count one of Kearny's counterclaim in this case. Therefore, on remand the court is to determine whether Kearny was the prevailing party, utilizing the Kellam standards and, if so, whether any fee should be awarded to it.
We note further that the trial court in reviewing S&A's claim for legal fees as the prevailing party in the underlying suit must be mindful that if S&A achieved only limited relief in the underlying action compared to all the relief it sought, it must determine whether the expenditure of counsel's time on the entire litigation was reasonable in relation to the actual relief obtained and, if it was not, then it should reduce any award proportionately. Kellam Assocs., supra, 357 N.J. Super. at 142.
Accordingly, we hold that the entire controversy doctrine is not a bar to S&A's application. We reverse and remand paragraph one of the judgment for a hearing on whether Kearny is entitled to fees as the prevailing party on count two of S&A's underlying complaint, as well as whether there should be any reduction in an award to S&A because it was not successful in pursuing count two of its complaint. We reverse paragraph two of the final judgment for the enforcement and collection of the judgment and remand that issue to the trial court for it to determine whether such fees were clearly and specifically provided for in the agreement. We reverse paragraph three of the final judgment awarding S&A fees for the direct appeal of the underlying case. Should S&A seek such fees, they should apply by motion within ten days of the determination of this appeal to the Appellate Division to entertain that application. We affirm paragraph four. We reverse paragraph five of the final judgment providing an award for costs and remand that issue to the trial court to allocate the costs in accordance with our opinion.*fn1
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North Bay Village, Florida 33141
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We thank Drs. N. Kishi (Nagoya Institute of Technology) and T. Saito (AIST) for their experimental assistance in the synthesis of coronenes@SWCNTs and spectroscopic measurements. We also thank Drs. M. Tange, A. Furube (AIST), Y. Hayamizu (University of Washington), and Y. Kitahama (Kwansei Gakuin Univ.) for helpful discussions. Partial support by Grants-in-Aid from MEXT (Japan) is acknowledged by T.O. (no21685017) and by Z.L. and K.S. (no19054017).
Coaxially Stacked Coronene Columns inside Single-Walled Carbon Nanotubes†
Version of Record online: 23 MAR 2011
DOI: 10.1002/ange.201007832
Copyright © 2011 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim
Angewandte Chemie
Volume 123, Issue 21, pages 4955–4959, May 16, 2011
Additional Information
How to Cite
Okazaki, T., Iizumi, Y., Okubo, S., Kataura, H., Liu, Z., Suenaga, K., Tahara, Y., Yudasaka, M., Okada, S. and Iijima, S. (2011), Coaxially Stacked Coronene Columns inside Single-Walled Carbon Nanotubes. Angew. Chem., 123: 4955–4959. doi: 10.1002/ange.201007832
- †
Publication History
- Issue online: 6 MAY 2011
- Version of Record online: 23 MAR 2011
- Manuscript Revised: 25 FEB 2011
- Manuscript Received: 13 DEC 2010
Funded by
- MEXT. Grant Numbers: 21685017, 19054017
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2013 US Mint Presidential Dollar Four Coin Set - Denver Mint
2013 US Mint Presidential Dollar Four Coin Set – Denver Mint
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Allergan (AGN), Medicines360 Announce Publication of New Same-Day STI Testing Data
- Top 10 News for 12/2: Crude Rips on OPEC Cut; Starbucks' Schultz Steps Down; Nonfarm Payrolls Flat in Nov.
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Medicines360, a nonprofit global women's health pharmaceutical company, and Allergan, plc (NYSE: AGN) announced the publication of, "A prospective assessment of pelvic infection risk following same-day sexually transmitted infection testing and levonorgestrel intrauterine system placement" in the November, 2016 medical journal, American Journal of Obstetrics & Gynecology.
The study evaluated the relationship of chlamydia and gonorrhea screening to pelvic infection for up to 2 years following placement of the LILETTA levonorgestrel intrauterine system (IUS) 52 mg during the ACCESS IUS (A Comprehensive Contraceptive Efficacy and Safety Study of an IUS) clinical trial (study ongoing for 7 years). According to the study, women without clinical evidence of active pelvic infection can have IUS placement and sexually transmitted infection (STI) screening, if indicated, on the same day without increasing pelvic infection risk. Pelvic infection occurred in 9 (0.5%) of the 1,751 women over 2 years after placement. However, 6 out of the 9 infections (66.7%) occurred after day 30, suggesting that pelvic infection is not more common shortly after IUS placement.
Concern about the potential for pelvic infection may cause many providers to make women wait for STI screening results before IUS placement, often requiring two or more office visits to receive an IUS. "These additional office visits act as a key access barrier women face when choosing an intrauterine device (IUD). The study findings suggest providers may choose to insert an IUD the same day without waiting for STD testing results," said Dr. Jessica Grossman, CEO of Medicines360. "Reducing barriers like this one is core to our mission at Medicines360, where we are focused on increasing access to birth control and decreasing rates of unintended pregnancy in the U.S., including among low-income women where the rates are disproportionately high."
"The study results reinforce existing American Congress of Obstetricians and Gynecologists and Center for Disease Control guidelines that recommend the placement of LARCs (Long-Acting Reversible Contraceptives), like an IUD, in a single visit, and further shows this is a safe practice.1 STI testing can occur on the same day as LARC placement if there are no signs of active infection," said Dr. David Turok, first author of the study and Associate Professor in the University of Utah's Department of Obstetrics and Gynecology.
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Wordpress Plugin
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Need wordpress plugin that would go through old/existing posts AND new posts and if post does not have image in post, it would add an existing random image from the wordpress media library into post.
I have some posts where I added images either as file or links and those do not need any new images. I want old posts with no images or new posts where I did not have time to add image to get a (random) image per this plugin. Ideally images would come from media library on the wp site install of images I have already uploaded or used but would be open to other sources such as local folder or maybe [url removed, login to view] or flickr (both by keyword). Simple is fine, that is why media library would work (no need for keyword just random from library).
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Is there any better place to enjoy the festive season than Ireland's capital city?
"This can be a pretty amazing time around the city. So we wanted to capture some footage of it with a pre-Christmas vibe."
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Notes from the Commish: Niamh Bushnell on the IOT World conference in Dublin.
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Guinness is good for you, say medical experts
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Irish proverbs to live by, 26 nuggets of wisdom (PHOTOS)
Jamie Dornan and Cillian Murphy among the sexiest men of 2017!
How an Irish priest became a viral singing sensation (VIDEO)
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Australia's refugee response blasted for its cruelty


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text:
Halloween, 1976 was special. I had made princess outfits for the girls, then two and three. They were excited by the promises of sweets to be plopped into their own little plastic pumpkins. Dawn, the oldest, dressed as a small version of Snow White, asked what she was to do when the pumpkin was too full. I told her I would take a pillow case. Pausing, she told me to take two. Dawn remains an optimist today.
Trick-or-Treating was always fun. The kids and costumes always made you smile. But that Halloween we had a special added feature. Mom, that was me, had made special Halloween literature to pass out with the Trick-or-Treat announcement. The kids had that down cold. They had passed out their first literature with their first anti-tax rally the April 15th before.
Our Presidential candidate was Roger MacBride.
Roger was a jolly candidate. The adopted grandson of Laura Ingalls Wilder, he was then often in Los Angeles working on the TV Series from the Little House Books. He had promised to have the National UnVictory Party right there in LA if we got him on the ballot in California. The Party was planned for the old Ambassador Hotel. We all went.
This piece of literature was brown and the front read, Caught in the Web of Higher Taxes and Inflation?" It went on to urge you to vote for Roger MacBride for President. I knew the pieces would be read. No competition and the recipients were curious, you could see that; mostly they were reading while still dropping candy into the upheld pumpkins. We did well in that precinct.
My kids were raised Libertarian. That meant that Victory Parties never were held because of the hope anyone had won, but because the campaign was finally over. Dawn and Ayn, Ayn was just 13 months younger than Dawn, were 11 and twelve before they realized that sometimes candidates won. That was a shock.
When she was 12 Dawn would insisted that 'her' candidate, Ed Clark, be included in First Lutheran Northridge's Mock Presidential Election. Ed did better there than anyplace else in the county, coming in with 20%. Dawn was always eloquent. She remains so today, but today she has moved Green with Market Attitude. Ayn is still Ayn, which means I named her correctly.
The kids knew how to fold, staple and mutilate literature, how to sort mail for bulk mailings, how to lay out newsletters, and the rudiments of boothing by the time they were eight and nine. They also could unerringly choose the right answers for what is today known as the World's Smallest Political Quiz on line. Then, we knew it as the Nolan Chart, for its originator, David Nolan, the founder of the Libertarian Party.
A stalwart Libertarian Activist, Ed Ogawa, made up the box with electronic components and switches to be used at the L.A. County Fair. It was used there, but its heaviest usage was between times at home.
Dish washing was occasionally punctuated by questions because of the Nolan Quiz and literature, as the kids got older.
"Mom, what is drug legalization?" "Mom, why do you want to get rid of people after they eat?"
"What?" Actually, I knew Libertarians who had stranger views than that. "It says we want to abolish the FED." Oh. Explanations were always forthcoming. Had to be.
Raising children is always a challenge, especially when you persist in being different. But sometimes that political experience came in useful for real life, for instance, one day when Ayn was in 7th grade.
Ayn had a tiny glistening tear just beginning to roll down her cheek when I picked her up from school that day. The year was 1986. Ayn had been attending First Lutheran School, Northridge near our home in California since she was two years old, beginning at their pre-school, for four hours a day.
At that point she was just a few weeks from graduating into the 8th Grade, which was as far as First Lutheran went.
"Honey, what's wrong?" I has always been the kind of Mom who wanted to know about all ouchies so I could fix them. If possible.


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Popular 2 bdrm 2 bath Rosewood floor plan w/over 1490 sq ft living area. Kitchen w/pantry & breakfast bar open to living, dining room area. Split floor plan. Nice sized Master + 2 sinks in Master bath. Indoor laundry room w/space available for laundry sink. 1 car attached garage. Need lots of TLC. Priced accordingly.


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To Shoot Tyrants: Judge Andrew Napolitano
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Great thread OP. The Judge is my hero and has been from the first time I heard him.
I read a book on American history recently and according to what it said, there were actual many congressmen and senators that argued during the slavery issue that human beings actually thrive as slaves and WANT to be slaves for the security it provides. In fact, this was argued many times two hundred years before the Civil War as well.
If you really think about it as you watch the shopping frenzies on Black Friday or any of the numerous other "America's Lowest" moments that occur regularly, a very strong arguement can be made that this is true for a lot of the mindless minions.
Perhaps our criminal sellout scum-bag government has come around to this theory again. It certainly seems as though slavery for us all IS their plan, no?
Black Knight
If you get time check out the book he put out called "The Constitution in Exile" Its really good
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2 Bedroom Detached Bungalow For Sale
Gammage Street, Dudley, West Midlands, DY2
Offering no upward chain and lots of character Dixons are pleased to market this detached two bedroom bungalow comprising of entrance hall, lounge, kitchen, bathroom, front and rear gardens and loft space. This property must be viewed to appreciate what this bungalow...
3 Bedroom End of Terrace House For Sale
Norton Crescent, Dudley, West Midlands, DY2
End terraced three bedroom property briefly comprising entrance hall, lounge, kitchen/diner, downstairs bathroom, three bedrooms and front and rear gardens.Call Dixons today to arrange your viewing.
3 Bedroom Semi Detached House For Sale
Laburnum Road, Dudley, West Midlands, DY1
Semi detached three bedroom property briefly comprising entrance hall, lounge, kitchen/diner, downstairs bathroom, upstairs WC, rear garden and parking.Please call Dixons today to arrange your viewing.
2 Bedroom Flat For Sale
Wellspring Gardens, Dudley, West Midlands, DY2
We are pleased to market this well presented two bedroom first floor apartment briefly comprising communal entrance, entrance hall, lounge/diner, kitchen, two bedrooms and bathroom. The property also benefits from allocated parking.
2 Bedroom Terraced House For Sale
Corser Street, Dudley, West Midlands, DY1
Dixons are pleased to market this two bedroom terraced property briefly comprising of lounge, kitchen and family bathroom. Located in this sought after location, close to local amenities, this property is ideal for first time buyers and/or investors. Call Dixons on 0138
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Attingham Drive, Dudley, West Midlands, DY1
Dixons are pleased to market this two bedroom upper floor apartment briefly comprising entrance hall, lounge/kitchen, bathroom, master bedroom with en-suite and allocated parking. Service charge is 65pcm.
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Ramsey 'The SBO' (Character)
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- The Great Escape (1963) Played by James Donald
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Bartlett: Hilts, how do you breathe?
Hilts: Oh, we got a steel rod with hinges on it. We'll shove it up and make air holes as we go along.
[to Ramsey]
Hilts: G'night, sir.
[Walks out]
MacDonald: Why didn't anyone think of that before? It's so stupid, it's positively brilliant!
[face falls]
MacDonald: Oh, but it'll bring every goon in the camp down on top of us!
Bartlett: I don't know. Perhaps we're being too clever. If we stop all the breakouts, it will only convince the goons we must be tunneling.
Ramsey: I hope it works. If it doesn't, those two will be in the cooler for an awfully long time.
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text: News Best Picture Oscar winner Spotlight stays in top 10 but Deadpool dominates box office February 29, 2016 4:26 by Alex Hayes 0 Rebel Wilson's latest film, How to be Single, managed to take $2.026m on its second weekend but could not match the box office pulling power of superhero movie Deadpool. Freshly-minted Best Picture winner at the Oscars, Spotlight, maintained a spot in the top 10, taking $233,963 on 159 screens to take its total takings to $3.726m so far in Australia. A quiet week for new releases meant The Marvel Comics' adaptation Deadpool managed $4.421m on 418 screens to move its total takings past $33.5m locally, while Wilson's film has now taken $6.19m. The highest ranking new picture was Gods of Egypt which failed to break the million dollar mark taking $901,326 on 198 screens. The fantasy epic, which was filmed in Australia, has bombed globally. The Michael Bay directed 13 Hours: The Secret Soldiers Of Benghazi, which tells the story of staff at the American embassy trying to hold off waves of offensives on the Lybian compound, managed $608,514 on its debut. It was ahead of Zoolander 2 which has failed to impress so far, managing $534,697 taking its total to $6.498m. Chinese sci-fi film The Mermaid took $262,321 on just 19 screens. Title (Distributor) Weekend B/O Screens Total B/O Deadpool (Fox) $4,421,944 418 $33,593,624 How To Be Single (Wb) $2,026,949 258 $6,191,750 Hail, Caesar! (Universal) $1,268,290 260 $1,464,910 Gods Of Egypt (Eone) $901,326 198 $903,326 Brooklyn (Transmission) $713,708 174 $3,884,719 Ride Along 2 (Universal) $646,697 202 $2,153,610 13 Hours: The Secret Soldiers Of Benghazi (Paramount) $608,514 166 $634,151 Zoolander 2 (Paramount) $534,697 268 $6,498,172 The Mermaid (Sony) $262,321 19 $958,536 Spotlight (Eone) $233,963 159 $3,726,993 Star Wars: The Force Awakens (Disney) $213,017 50 $93,421,822 Pride And Prejudice And Zombies (Roadshow) $183,415 119 $183,415 45 Years (Madman) $163,532 41 $544,952 The Revenant (Fox) $161,658 127 $19,107,002 Three Wise Cousins (Ms21 Films) $150,183 21 $554,391 Aladdin (Bvi) $137,262 70 $18,324,052 The Big Short (Paramount) $124,589 78 $7,078,802 Risen (Sony) $100,021 44 $307,701 Violent Prosecutor, A (Dreamwest Pictures) $91,717 12 $91,717 Trumbo (Eone) $83,391 36 $352,743 Alex Hayes Alex Hayes is the editor of Mumbrella. He's been a journalist for more than a decade working on newspapers and websites in the UK and Australia, covering the media and marketing sector for the past four years. topics deadpool, Gods of Egypt, Michael Bay, Oscars, Rebel Wilson, Spotlight, Zoolander 2 Share Tweet Share Have your say Name Email Address (optional) Website (optional) ADVERTISEMENT Most Discussed 60 Comments How to Ritson: A beginner's guide to denial, dismissal & downplay 29 Comments CU in the NT 23 Comments Calling bullshit on the internet 101 19 Comments Aldi's Americans try to take over Christmas in new work by BMF 18 Comments ABC Radio unveils content and presenter line-up for 2017, with Kim Williams to present RN program


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The Lodge on the Loch4
The Lodge on the Loch, Aboyne, AB34 5BR
Price FromView Rooms
- Excellent
- 3 guest reviews
"We had a great night away here place was beautiful would go back again...."
"We had a small room to start with, a Spa room but upgraded to a suite. We looked over the Loch which was stunning rain or shine. There is a..."
"Enjoyed our stay in room with fantastic view. Very friendly welcome and good food in evening and for breakfast...."
About the hotel
Situated in 55 acres of stunning scenery literally a stones throw from Aboyne Loch, The Lodge on the Loch's unparalleled surroundings and exceptional facilities are amongst the most impressive in Scotland's North East.
Facilities Show/hide
- Main
- Hotel Non-Smoking Throughout, Disabled Facilities, Air conditioning in rooms, Cots available, Wedding Licence, Tea/Coffee making facilities in each room, Hairdryer in each room, Iron And Board In Each Room, Telephone In Each Room, Limited Hours Room Service, Wake Up Call Available, Interconnecting rooms available, Ground floor bedrooms, Public Air Conditioning
- Parking
- Car parking available onsite
- Business
- Wi-Fi Available, Meeting Facilities, Wi-Fi Available In Public Areas, Wi-Fi Available In Rooms, Business Centre, Private dining services
- Dining
- Restaurant, Lounge Menu, Bar
- Leisure
- Golf 9 Hole, Sauna, Steam Rooms, Massage, Jacuzzi, [Channels] News
- In Room Entertainment
- TV, Radio
- Accessibility
- Disabled Access Public Areas, Disabled Access Bedrooms, Disabled toilets on ground floor, Wheelchair Access, Wheelchair Access To Reception, Wheelchair Access To Restaurant, Wheelchair Access To Bar
Useful Info Show/hide
- Between 15:00 and 22:00
- By 10:00 hours
- Up to 12 years old
- The price shown is based on the occupancy and dates you have searched for. Prices and availability are subject to change based on the arrival date, number of nights and occupancy searched for. All prices are inclusive of all local taxes.
- Pets are not allowed
Customer Reviews
Our reviews are from genuine LateRooms.com customers. We verify that the customer has stayed before leaving a review.
100% would recommend it to a friend
Customer service
Food quality
Room quality
The Lodge on the Loch
We had a great night away here place was beautiful would go back again.
We had a small room to start with, a Spa room but upgraded to a suite.
We looked over the Loch which was stunning rain or shine. There is a golf course on the other side of the building. We had our own balcony with table and chairs. The room was modern with a super king bed that was extremely comfortable. Lovely bathroom with walk in shower. Lashings of hot water and clean towels. The bar and dinning area was very nice and the staff were friendly and eager to please. We loved our meals. The lodge is positioned just outside of Aboyne. We have been visiting hotels round about for years as we have family there but now wil not go anywhere else but the Lodge now. Thoroughly recommend.
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50s camaro for sale on US's largest classifieds sites (20 results)
QR Code Link to This Post We have here a rare.82 Cadillac eureka high to
1932 Chevy couples coupe trade for old Chevy.Ford truck
this is a 1932 Chevy couples coupe or 5 passenger coupe, chevy\'s vicky, this is a barn find that I purchased about 8 year\'s ago it has a clear title , the motor is set up, it was in a barn since 1950 until I purchased it and has sat in my barn after that, I believe its in very good condition almost ...
We have here a rare.82 Cadillac eureka high top hearse mechanically it\'s a perfect 10 upholstery the same car only need paint and body work I can\'t get to it comes with lot of extra parts and a $800.00 custom Cadillac grill I\'ll take trades in dually trucks old cars and trucks firearms. car tra
We have here a rare.82 Cadillac eureka high top hearse mechanically it\'s a perfect 10 upholstery the same car only need paint and body work I can\'t get to it comes with lot of extra parts and a $800.00 custom Cadillac grill I\'ll take trades in dually trucks old cars and trucks firearms. car trailer...
9 sec. LS1 Camaro Z-28
1969 camaro roller with transmission
Roller with Abruzzi trans. And headers. 1:80 straight cut,8\" converter. 8.50 cert that has expired. It will cert easily. Willwood disk brakes on all 4 corners. Set up for bbc. Hardwood fiberglass front end that is removable. Back half with ladder bar. Qa1 double adjustable shocks. Dana 60 with 4:10 g...
Year: 1969
9 sec. LS1 Camaro Z-28
dodge dakota pro street Florida /trade for rat rod
This has new paint has never been rusted. Has a built 318 but still streetable. Reverse valve body ratchet shift. Built trans, 8 3/4 rear posi. 5his is a fast and fun machine. Fiberglass hinged hood. Headers and exhaust dumped at axle.nice tires and wheels. Bed cover and fuel cell in bed with battery....
SELLING MY 1973 SPLIT BUMPER CAMARO. HAS HAD A COMPLETE REBUILD OVER LAST 18 MOS. ALL QUALITY PARTS USED. WAY TOO MUCH TO LIST. MSTA..400 SBC , PROMAXX ALUM HEADS, SOLID CAMSHAFT, SCAT CRANKSHAFT/RODS, MAHLE PISTONS(10.5/1cr), COMP GOLD 1.6 ROCKERS, DBL ROLLER TIMING CHAIN, MSD, ALUM RAD, HEDMAN HEADE
Year: 1973
1979 Camaro,Must SEE,Roll Bar,Traction bars,Duels 20 1/2" chrome tips - $6000 (**NEW PICs**TRADES WELCOME.Novi/New Hudson,Mi)
This 79 is SOLID as a ROCK,floors trunks,doors,no sagging close very smooth...VERY Clean Street or Strip,350 motor 15,000..82,000 on the body....runs very strong,no leaks or ticks no smoke or knocks very tight!!!!Headers 3 1/2 exhaust 20 1/2 "chrome exaust tips,welded on,Mallory Distributer,Holly 650...
Year: 1979, Make: Aro
1989 camaro - $3000 (whitewater)
I have a 1989 chevy camaro,rs, 305,auto,t-tops,red, for sale $3000 OBO or trade for an old rat rod, 50s ford truck, or old car 50-60s. this car runs and drives good. it is getting a tune up as we speak. needs a rear latch. if i dont sell this on here, it will be at jefferson car show for sale/trade.
Year: 1989, Make: Aro
1992 RS CAMARO, Custom LS1 Engine - $1 (Barbourville, Ky)
I have a Very Sharp Custom 1992 Camaro RS 25th Anniversary For Sale New Paint, It has a Carbureted 6.0 LS1 Engine, After Market Cam, After Market Value Springs and Push Rods, Edelbrock LS1 Timing Control Module, 750 Holley Double Pumper, Edelbrock High Rise Intake, Long Tube Headers, Flowmaster Exhau
Year: 1992, Make: Aro
1937 buick street rod - $18500 (irvine)
This is a great old street rod it has been professionally done . This car has a 74 camaro sub frame and 74 camaro rear end. It has ps power disc brakes tilt wheel under dash ac needs finished hooking up crager ss wheels and new tires power leather seats 350 crate motor and 350 auto with lokar shifter
Year: 1937, Make: Buick
price reduced! 1984 z28 Camaro - $3500 (urbana)
I have a 1984 z28 Camaro for sale. It looks great both inside and out as pictures show. You are not going to find a camaro in this good of condition for the money. and fixing a cheaper one up will end up costing more. old style crager rims and 50s on the back. tires in really good condition. Two prob
Year: 1984, Make: Aro
1966 buick lasabre convertible sale/trade - $10500 (russellville,al.)
nice solid old 66 buick covertible.has original v8 motor automatic transmission,runs and drives great,has new tires,original wheels and have two of the original hub caps but have lost two if youd like.elecric top goes up and down good with no tares or holes in it,vintage tag,new carrier bearing,drive...
Year: 1966, Make: Buick
CUSTOM 1987 IROC-Z Camaro 4X4 on 33-12.50s - $5500 (Marion)
1987 IROC-Z28 4x4 Camaro on a customized 1997 Blazer S-10 frame with 33-12.50 tires on 10" wide Nascar style rims. It has a 283 smallblock factory to a 1967 Chevelle, Auto trans, Holley carb, Flowmaster dual exaust, New Summit Proformance distributor, electronic cooling fan, Reese towing hitch, 2002
Year: 1987, Make: Aro
****** 1999 Corvette Convertible 6 Speed C5 FOR SALE OR TRADE ******
: Hello, I am reluctantly selling my 1999 Corvette convertible 6 speed. The car has 54k original miles, never been hit and adult owned its whole life. It came from Texas and has never seen snow - or as long as Ive owned it - rain. The only mod has been an MGW short shift kit. The shifts ...
1995 Ford F-150 super cab - $1500 (Shinnston)
1995 ford f150 Super cab.. 5.0 302 motor 4 wheel drive with 195xxx miles. brand new master craft mud terrains 31x10.50s.. dent in drivers door and no mirrors. $1500 o.b.o trade on a classic car or truck like a 53-66 f100.. mustang camaro ect.. text 3o4-6six9-328two or call around 530..dont be afraid
2000 jeep grand Cherokee v8 lifted - $7000 (Perry county)
This jeep has a new engine in it with only 3500 miles on it with paperwork. I bought the engine at o-rally`s for $3700.00 it has a stage 2 superchip in it with a 3 or 4 inch rough country lift. I had 33/12.50s on it and it looked amazing. The jeep it`s self has 142,000 miles on it. It has dual exhaus
Year: 2000, Make: Jeep, Model: Grand cherokee
1990 Suzuki Samurai JL - $3000 (Bloomington)
I have a 1990 Suzuki Samurai JL edition. It is fuel injected. Runs smooth with brand new exhaust and cold air intake. New plugs, wires, cap, and rotor. Brakes are new. Starter is new. Fresh oil change. Doesn`t leak a drop of anything. Motor is super clean. Has 31x10.50s with decent tread and a 3 inch


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Secrets of Success
Day 96 of 100
Monday, April 07, 2014
"What Will It Take?"
If you continue to struggle with following through on your goals, try breaking them down into smaller and smaller actions until you run out of excuses for not doing your plan. Start by creating an action step, then ask yourself, �What will it take to make that happen?� Once you figure this out, use your answer to spell out a new intention.
Each time you identify another action, ask yourself, �What will it take to make that happen?�
Do this again and again until you reach an action you can�t escape, no matter what. Label this final action as a now goal. Then get up from your chair and do it. By the way, as a shortcut, you can abbreviate �what will it take?� with the letters WWT.
Here�s an example on how to remember to bring your walking shoes to work. Remember that each time you ask the question, your answer becomes your next intention. What is my intention? Bring gym shoes to work. WWT? Put them in the car when I get home. What is my intention? Put shoes in the car this evening. WWT? Stick a note on my briefcase to remind myself. What is my intention? Write a note to remind myself. WWT? Do it right now.
Setting intentions works for everything from tiny goals such as taking a walk, to plans such as training to participate in a race. Just keep breaking your intentions into small steps that you can accomplish easily. With each new goal, ask yourself, �What will that take?� Then create an action plan for the next part of your goals.
-Write down a goal or activity you want to accomplish.
-Create an action step by asking yourself, �What will that take?� (WWT) Repeat this sequence four or five times in the space below until you have an immediate action step. Then go do it.
-Write some notes about how this worked for you.
Today the weather was so nice and warm, even in the evening. I walked an hour outside but just in my neighborhood and surrounding areas since it was dark and I got in a good amount of exercise doing that. I also did elliptical, yoga and a cardio video. This week it is going to be quite nice and warm so I will be back on my walking game here. I'll still be doing my other exercise as well. I just have realised walking is the best medicine for my feeling optimal.
I have been so busy with work and home life its been difficult to get to my relaxing activities but I knew I would be occupied for a few weeks here. I transferred my organizer to online and made that a written journal instead. I will go back to a Moleskine organiser next year. I could pick up one for the rest of this year at a discount but I'm not in the mood really. I'll just keep at in online and be satisfied with that idea. I've been writing like a mad woman lately. I have seemed to gotten a lot of inspiration and idea and I am working on a story right now that occupies my time when I am not tending to work, family or my physical needs (translation=exercise)
Happy Monday, be strong safe and well~
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Hi hun, wishing you a great day
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Thank you so much for this blog. It really encouraged me to look over my goals and action steps. Keep positive and goal directed and you will do well.
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Hiya, yes I like small steps, this really works for me. Have an awesome day!
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You are so busy! An inspiration to me, as usual, thanks.
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