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BURKE v. SEA POINT REALTORS

Docket No. A-5652-06T1

947 A.2d 686 (2008)

400 N.J. Super. 398

Joseph BURKE and Timothy Burke, Plaintiffs-Appellants, and Nancy Burke, Plaintiff, v. SEA POINT REALTORS, Thomas Meyer, Patricia Meyer and Dzintars Abelite (both individually and in his capacity as Guardian of Alfreds Nikmanis, an incapacitated person), Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 2008.

Attorney(s) appearing for the Case

Joseph Burke and Timothy Burke, appellants pro se.

Orlovsky, Grasso, Bolger, Mensching & Daley, Toms River, for respondents Sea Point Realtors, Thomas Meyer and Patricia Meyer (John J. Mensching, on the brief).

Mulvaney, Coronato & Brady, Toms River, for respondent Dzintars Abelite (both individually and in his capacity as Guardian of Alfred Nikmanis, an incapacitated person) (Terry F. Brady, on the brief).

Before Judges COLLESTER, C.S. FISHER and C.L. MINIMAN.

The opinion of the court was delivered by

FISHER, J.A.D.

This case was triggered by a guardian's decision to retain defendant Sea Point Realty to market real property owned by the guardian's ward. Without notice to plaintiffs or other disappointed offerors, the guardian obtained the Probate judge's approval of a conveyance to defendants Thomas and Patricia Meyer without clearly revealing that the Meyers were the principals of Sea Point. Based on this and defendants...

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