PAONESSA COLON & RECTAL SURGERY, PC VS. CERNERO CHILDREN'S TRUST (L-0825-15, MONMOUTH COUNTY AND STATEWIDE)

• Court: New Jersey Superior Court Appellate Division
• Decided: September 15, 2017
• Docket: A-5030-15T1
• Status: Unpublished

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5030-15T1

PAONESSA COLON & RECTAL SURGERY, P.C.,

Plaintiff-Respondent,

v.

CERNERO CHILDREN'S TRUST and JMC MANAGEMENT GROUP,

Defendants/Third-party Plaintiffs-Appellants,

NINA PAONESSA, individually and as Guarantor of Paonessa Colon & Rectal Surgery, P.C.,

Third-Party Defendant/ Respondent.

Submitted September 6, 2017 – Decided September 15, 2017

Before Judges Alvarez and Gooden Brown.

On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L- 0825-15.

James F. Weber, attorney for appellants. McOmber & McOmber, P.C., attorneys for respondents (R. Armen McOmber, of counsel and on the brief).

PER CURIAM

R. 1:7-4 directs trial judges to render findings of fact and

conclusions of law "on every motion decided by a written order

that is appealable as of right. . . ." That basic tenet has been

often repeated. The absence of the analysis that leads a judge

to his or her conclusion makes our review impossible. After all,

we exercise a limited role on appeal. We do not disturb findings

of fact or conclusions of law unless convinced "they are so

manifestly unsupported by or inconsistent with the competent,

relevant and reasonably credible evidence as to offend the

interests of justice." Rova Farms Resort, Inc. v. Investors Ins.

Co., 65 N.J 474, 484 (1974), see also Petrozzi v. City of Ocean

City, 433 N.J. Super. 290, 316-317 (App. Div. 2014).

On April 29, 2016, summary judgment was granted to plaintiff

Paonessa Colon and Rectal Surgery, P.C. Defendants Cernero

Children's Trust and JMC Management Group are plaintiff's landlord

and property managers respectively. The underlying dispute

involved the cost of defendants' fit out of rental premises for

plaintiff's use as a medical office.

On June 10, 2016, the court denied reconsideration of that

decision, and separately granted $16,775.77 in attorney's fees and

2 A-5030-15T1 $1,304.99 in costs to plaintiff, without any explanation

whatsoever. The order awarding fees and costs is now appealed,

and we are constrained to vacate it. The matter is remanded for

the judge to comply with the rule, and render findings of fact and

conclusions of law. We do not express any opinion as to the

appropriate outcome. We do not retain jurisdiction.

Reversed and remanded.

3 A-5030-15T1