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Sunday, January 10, 2016

MICHAEL BANDLER VS. ROCCO MELILLO A-1315-14T2


MICHAEL BANDLER VS. ROCCO MELILLO
          A-1315-14T2
In this opinion, we address a situation where plaintiff's only argument on appeal is that the trial judge included dictum in his written opinion dismissing plaintiff's complaint. He asked that we redact the dictum from the judge's decision.
We concluded that a party may not parse through the opinion of a trial judge and take an appeal from words, sentences, or sections of the opinion that he or she finds objectionable when the party is not asserting the order or judgment was made in error. Because appeals are taken from actions of a trial court, and not from the trial court's rationale, much less dicta, we dismissed plaintiff's appeal for want of jurisdiction.