Decision Pursuant to Rule 1:28.
The judgment is vacated as to count I (declaratory judgment). The case is remanded for entry of a new declaration that the Home became entitled to collect Spencer's A&A in addition to his monthly room and board charges as of November 1, 2003; the determination of the status of Spencer's account at the time of his death, taking into consideration underpayments and overpayments made by Smith; and the entry of an order directing the...
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