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HOEHN v. BARRETT

769 A.2d 422 (2001)

338 N.J. Super. 365

Harry HOEHN, Gregg Hoehn and Dirk Hoehn, Plaintiffs-Appellants, v. Ronald B. BARRETT, Defendant, and Karen Giannelli, Crummy, Del Deo, Dolan, Griffinger & Vecchione, a Professional Corporation, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 2001.

Attorney(s) appearing for the Case

Kenneth S. Thyne, Towaco, argued the cause for appellants (Hilton L. Stein, attorney, of counsel; Mr. Thyne, on the brief).

Jacqueline M. Printz, Woodbridge, argued the cause for respondents (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Ms. Printz, on the brief).

Before Judges STERN, RODRIGUEZ and COLLESTER.

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

In this appeal, we hold that a trial court cannot compel acceptance of an offer of judgment made pursuant to R. 4:58-1. Instead, R. 4:58-2 and 4-58-3 mandate consequences when the offer is rejected and the offeree fails to obtain a judgment at least as favorable as the offer.

I

Plaintiffs Harry Hoehn, Gregg Hoehn and Dirk Hoehn (plaintiffs) sued Karen Giannelli and her...

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