BURBRIDGE v. PASCHAL


239 N.J. Super. 139 (1990)

570 A.2d 1250

FRANK BURBRIDGE AND ANGELA BURBRIDGE, HIS WIFE; JOHN E. BURBRIDGE AND MARY BURBRIDGE, HIS WIFE, JOSEPH P. BURBRIDGE AND ELAINE BURBRIDGE, HIS WIFE, PLAINTIFFS-RESPONDENTS, CROSS-APPELLANTS, v. JOHN PASCHAL AND THOMAS PASCHAL, DEFENDANTS-APPELLANTS, CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 1990.


Attorney(s) appearing for the Case

Herbert M. Korn argued the cause for appellant (William J. DeMarco, on the brief).

Richard T. Sweeney argued the cause for respondents (Sears, Sweeney & Marcickiewicz, attorneys).

Before Judges KING, SHEBELL and BAIME.


The opinion of the court was delivered by KING, P.J.A.D.

The principal point on this appeal concerns the implication of the failure to cross-appeal from a dismissal on the merits of a count of the complaint. We conclude that this failure to cross-appeal on the dismissed count was fatal to an attempt to retry that count after reversal on the direct appeal.

This appeal is taken from a judgment in April 1988 in...

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