OAK KNOLL VILLAGE CONDOMINIUM OWNERS ASSOCIATION, INC.VS. CHRIS ANN JAYE(DC-004807-15, MERCER COUNTY AND STATEWIDE)
A-4942-15T3
| N.J. Super. Ct. App. Div. | Oct 30, 2017Background
- Oak Knoll Village Condominium Association filed a Special Civil Part collection action after defendant Chris Ann Jaye failed to pay 2015 common-element assessments.
- Jaye removed to federal court asserting a proposed FDCPA counterclaim; the District Court remanded for lack of federal jurisdiction and denied fees.
- Oak Knoll moved for summary judgment supported by the property manager's certification of arrears; Jaye opposed and pursued multiple futile attempts to reopen federal court proceedings.
- The trial court granted summary judgment to Oak Knoll, awarding $11,485.80 (assessments plus attorney’s fees); Jaye’s subsequent motion for reconsideration was denied.
- On appeal Jaye limited her appeal to the denial of reconsideration and raised jurisdictional, default, judicial-bias, and standing arguments; the Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appellate jurisdiction/finality | Order denying reconsideration is a final, appealable order | No final order properly certified; appellate division lacks jurisdiction | Appeal limited to denial of reconsideration; panel had jurisdiction to hear that order and affirmed |
| Proper entry of judgment/default | Judgment follows summary-judgment procedure based on undisputed arrears evidence | Claimed default was improper | Summary judgment was proper; Jaye undisputedly failed to pay assessments |
| Judicial bias/disqualification | Trial judge acted properly and was not disqualified | Judge was biased/unfit due to prior lawsuits by Jaye against him | No evidence of prejudice; recusal not required; adverse rulings alone do not show bias |
| Association’s standing/authority to sue | Association authorized to collect assessments and retain counsel | Plaintiff lacked authorization to commence suit and retain counsel | No merit shown that association lacked standing; arguments rejected |
Key Cases Cited
- State v. Marshall, 148 N.J. 89 (discussion of standard for judicial disqualification and burden to show prejudice)
- State v. De Maio, 70 N.J.L. 220 (E. & A.) (historical authority on judge disqualification principles)
- Strahan v. Strahan, 402 N.J. Super. 298 (bias cannot be inferred from adverse rulings)
- State v. Flowers, 109 N.J. Super. 309 (relevance of showing prejudice or potential bias for disqualification)