STOCKTON v. RHULEN


302 N.J. Super. 236 (1997)

EDWARD STOCKTON; TRACKSIDE BROKERAGE, INC., TRADING AS JOHN BOND BROKERAGE; NIA, LTD., TRADING AS THE HARNESS BROKERAGE AND THE WINNER'S CIRCLE; STANLEY PANCO; CELESTE TRACY; ALBERT FLORIO, JR.; DAVID N. WILKINSON, DORIS J. WILKINSON AND DAVID TODD WILKINSON; ANTHONY P. NINI; JOANN NINI; NARROWBROOK FARM; WILLIAM A. PURDY; JERRY C. VITALO, SR.; SURE INSURANCE AGENCY; RUSSELL FORD; WALTER MEDIO; AND MARTIN L. FALLON, PLAINTIFFS-RESPONDENTS, v. PETER L. RHULEN; RHULEN AGENCY, AS A DIVISION OF MARKEL SERVICES, INC.; FRONTIER INSURANCE COMPANY; AND NEW JERSEY RACING COMMISSION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1997.


Attorney(s) appearing for the Case

Keith A. Costill, Deputy Attorney General, argued the cause for appellant New Jersey Racing Commission (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Costill, on the brief and reply brief).

Mark A. DeMarco argued the cause for respondents Edward Stockton et al. (Mr. DeMarco, on the brief).

Before Judges STERN, HUMPHREYS and WECKER.


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

The New Jersey Racing Commission (Commission) appeals from an order entered on March 29, 1996, awarding plaintiffs' attorney $47,851.50 "for services rendered in this matter as against the Defendant Racing Commission" together with $27,136.18 in out-of-pocket costs. The appeal follows entry of final judgment premised on a settlement whereby defendants Rhulen Agency...

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