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STATE v. SAILOR

810 A.2d 564 (2001)

355 N.J. Super. 315

STATE of New Jersey, Plaintiff-Appellant, v. Jettie D. SAILOR, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 2001.

Attorney(s) appearing for the Case

Raymond R. Chance argued the cause for appellant (John J. Farmer, Jr., Attorney General, attorney for appellant; Patrick DeAlmeida, Deputy Attorney General, of counsel; James D. Padgett, Deputy Attorney General, on the brief).

Jeffrey L. Weinstein argued the cause for respondent.

Before Judges BRAITHWAITE, COBURN and WEISSBARD.

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

The issue presented by this appeal is whether defendant Jettie D. Sailor has a right to a jury trial in a civil action brought by plaintiff State of New Jersey ("State"), pursuant to the New Jersey Insurance Fraud Prevention Act ("Act"), N.J.S.A. 17:33A-1 to -30, seeking, among other things, imposition of a civil penalty, restitution and costs and counsel fees from defendant. The State appeals by...

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