C.L. v. W.S.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1407-05T21407-05T2

C.L.,

Plaintiff-Respondent,

v.

W.S.,

Defendant-Appellant.

_______________________________________

 

Submitted May 17, 2006 - Decided May 31, 2006

Before Judges Parker and Grall.

On appeal from Superior Court of New

Jersey, Chancery Division, Family Part,

Morris County, FD-14-130-06.

Richard J. Abrahamsen, attorney for the

appellant.

Robert W. Mayer, attorney for the respondent.

PER CURIAM

Defendant W.S. appeals from an order denying his motion to dismiss C.L.'s paternity complaint on grounds of personal jurisdiction and change of venue. The order also directs the parties to "submit to court, within [ten] days of the receipt of the order, proof of [W.S.'s] residence for the year prior to" the birth of the child. Thus, this order contemplates production of additional evidence and further factual findings relevant to personal jurisdiction pursuant to N.J.S.A. 9:17-46(b). The judge has not made a final ruling on jurisdiction, and there has been no ruling on the question of paternity.

We dismiss the appeal and remand the matter to permit continuation of the proceedings. The order is not a final order or an order otherwise appealable as of right pursuant to R. 2:2-3, and defendant filed this appeal without obtaining leave of court as required by R. 2:2-4. See Waste Management, Inc. v. Admiral Ins. Co., 138 N.J. 106, 116, 118 (1994). While this court has the authority to grant leave to appeal "in the interest of justice," R. 2:2-4, and the authority to grant leave to appeal nunc pro tunc "in extraordinary circumstances,"

R. 2:4-4(b)(2), this case does not warrant exercise of that discretion. Interlocutory appeals are "counter to a judicial policy that favors an uninterrupted proceeding at the trial level with a single and complete review." Golden Estates v. Continental Cas., 317 N.J. Super. 82, 88 (App. Div. 1988).

The appeal is dismissed and the matter is remanded for further proceedings without prejudice to review on any appeal from final judgment.

 

Because this is an action concerning paternity, we use the parties initials. N.J.S.A. 9:17-41.

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3

A-1407-05T2

RECORD IMPOUNDED

May 31, 2006