HANN FINANCIAL VS. VIVIAN OJOMO(DC-011772-14, ESSEX COUNTY AND STATEWIDE) ( 2017 )


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  •                      NOT FOR PUBLICATION WITHOUT THE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-2136-14T4
    HANN FINANCIAL,
    Plaintiff-Respondent,
    v.
    VIVIAN OJOMO,
    Defendant-Appellant.
    ___________________________________________________
    Submitted May 9, 2017 – Decided May 19, 2017
    Before Judges Fisher and Ostrer.
    On appeal from the Superior Court of New
    Jersey, Law Division, Special Civil Part,
    Essex County, Docket No. DC-011772-14.
    Vivian Ojomo, appellant pro se.
    Respondent has not filed a brief.
    PER CURIAM
    According to her notice of appeal, defendant Vivian Ojomo
    appeals a trial court order entered on November 25, 2014. That
    order   denied   defendant's     motion    for   reconsideration.       In      the
    comments contained in that order, the judge referred to an order
    he entered on November 14, 2014, that denied an earlier motion for
    reconsideration; the judge stated in his November 25 order that
    defendant "has still failed to satisfy" the requirements of Rule
    4:49-2.   In   the   November   14,   2014   order,   which   has   not   been
    appealed, the judge referred to the requirements of Rule 4:49-2,
    which he stated required that such a motion "be served no later
    than 20 days" after service of the order in question, and that the
    motion "state with specificity the basis on which it is made,
    including a statement of [the] matters or controlling decisions
    which the movant believes the court has overlooked or as to which
    it has erred, and shall have annexed thereto a copy of the judgment
    or order sought to be reconsidered."
    As best we can determine, this lawsuit would appear to be an
    action commenced by plaintiff for damages done to a vehicle leased
    by defendant from plaintiff. We know little more. The appendix
    filed by defendant includes only: a document that would appear to
    be a receipt given to defendant upon return of the vehicle; a one-
    page notice of motion apparently filed in the trial court by
    defendant for relief from a default judgment that offers no
    information as for the grounds presented by defendant in seeking
    that relief; one page of what purports to be partial handwritten
    answers to interrogatories; the November 25, 2014 order; and a
    two-page, unsigned document, which is labeled "supporting brief
    2                              A-2136-14T4
    of request for stay and appeal the civil court decision made
    without hearing case."1
    In short, we have nothing before us that would permit an
    informed review of the sole issue presented in this appeal, which,
    in defendant's words, seeks reversal of "the November 25th order
    of the civil court decision and [a] remand [of] this case to the
    law division as appellant was not properly served and the trial
    court abused its discretion by not hearing oral arguments on this
    case."
    Defendant's appendix is not in compliance with Rule 2:6-
    1(a)(1); to name a few omitted items, defendant has failed to
    provide us with: plaintiff's complaint; the judgment; any orders
    that preceded the two orders referred to above; and all relevant
    motion papers and opposition.2 Even allowing for the fact that
    defendant is self-represented, we have no choice but to dismiss
    the appeal because we have not been provided with the information
    necessary to permit even a rudimentary understanding of the case
    and the issue raised. See Noren v. Heartland Payment Sys., 
    448 N.J. Super. 486
    , 500 (App. Div. 2017).
    1
    That motion was denied.
    2
    Obviously, this list is not all-inclusive. We have not been given
    enough information from which we might ascertain what else we
    would need to properly review the order from which defendant
    appeals.
    3                          A-2136-14T4
    Appeal dismissed.
    4   A-2136-14T4
    

Document Info

Docket Number: A-2136-14T4

Filed Date: 5/19/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021