Manna v. Pirozzi
Manna v. Pirozzi
Opinion of the Court
This is a motion by plaintiffs-respondents, in the alternative, to dismiss the appeal or suppress the brief and appendix of the defendants-appellants for failure to comply with the requirement of B. B. 1:7-l (/) that the printed appendix of the appellant include such portions of the record “which the appellant reasonably assumes will be relied upon by respondents in meeting the issues raised,” or for an order requiring defendants to print by supplemental appendix omitted portions of the transcript of that description. Defendants argue that the omitted material does not bear upon the issues raised by their appeal.
It should not be necessary for this Division to have to do what we have done on this application, i. e., to read the
This subject has been a frequent cause of concern to the court, and to an extent not nearly reflected by the references to it in the reported cases. See, e. g., State v. Schmelz, 17 N. J. 227, 238 (1955); Grove v. Grove, 21 N. J. Super. 447, 455 (App. Div. 1952); Feddock v. New Jersey Realty Co., 28 N. J. Super. 400 (App. Div. 1953); Gargano v. Venezio, 37 N. J. Super. 129, 131 (App. Div. 1955). Appellants did not comply with the rule in the present case. The decision of the trial court was partly in favor of each side. The scope of the opinion of the court extended to practically every issue in the case, and the respondents may well have been expected to rely, as indeed they say they do, upon all the testimony tending to support any aspect of it adverse to appellants. Testimony clearly of that character was omitted by appellants and this default is not excused by the -mere fact that more than half- of the entire transcript was printed. This is not a matter controlled by percentages but by the nature of the content of the record and its relationship to the issues fairly to be envisioned as maturing on the appeal after both sides
The appellants will print, file and serve forthwith a supplemental appendix containing the following: (a) page 65 of the transcript, from the tenth line, to page 70, through the fourteenth line; (b) page 94, from the eighth line from the bottom, to page 119, eleventh line; (c) page 120, from the tenth line, to page 136, first line; (d) Exhibit P-2.
Eespondents will be allowed their taxed costs on this motion. Submit order.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.