Foreclosure Appeal Dismissed As Interlocutory

It is axiomatic that an appeal can be taken only from a final judgment.  In New Jersey, a final judgment is one that disposes of all issues as to all parties.  Recently, in Wells Fargo Bank v. Garner, ___ N.J. Super. ___ (App. Div. 2010), a published opinion, the Appellate Division dismissed an appeal taken by the defendant in a foreclosure action.  Although the trial court had granted summary judgment in the plaintiff’s favor, there was not a final judgment because the court had not fixed the amount due under the mortgage.


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