Because the Homeowners had an unfavorable court order which they could appeal to this court, or ask the trial court to reconsider or vacate, their situation does not resemble DeHart v. Bambrick, 177 N.J. Super. 541 (App. Div. 1981). There, the plaintiffs obtained a favorable court order directing the entry of a judgment, but the clerk of the Superior Court refused to sign and file the judgment. We held that the proper remedy to challenge the clerks refusal . . . was by a complaint in lieu of prerogative writs in the Law Division under Rule 4:69-1, rather than by a direct appeal to the Appellate Division pursuant to R. 2:2-3. Id. at 546-47.
Posted on: Tue, 19 Aug 2014 01:34:44 +0000
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