ASSEM A. ABULKHAIR v. PPI/TIME ZERO, INC

(NOTE: The status of this decision is .)
 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6185-07T36185-07T3

ASSEM A. ABULKHAIR,

Plaintiff-Appellant,

v.

PPI/TIME ZERO, INC.,

Defendant-Respondent.

_____________________________________

 

Submitted May 6, 2009 - Decided

Before Judges Stern and Espinosa.

On appeal from Superior Court of New Jersey,

Law Division, Special Civil Part, Passaic

County, Docket No. DC-012212-07.

Assem A. Abulkhair, appellant pro se.

Respondent did not file a brief.

PER CURIAM

Plaintiff appeals from a judgment of June 27, 2008, denying his motion for a new trial. He argues that the denial of his motion for new trial "is a manifest denial of justice," that the court made errors in its decision concerning the contract and statute of limitations requiring a new trial "based on equitable principles and the judicial fairness spirit," that the judge improperly precluded the admission of his evidence, and improperly dismissed and suppressed his claims "without a formal motion."

No transcript of the jury trial was produced on this appeal. But see R. 2:5-3. As a result, we cannot evaluate the motion for new trial or the conclusions of the judge thereon. Accordingly, the appeal must be dismissed.

The appeal is dismissed without prejudice to reinstatement provided that a transcript of the trial is ordered, and the proper deposit is paid, on or before June 15, 2009. If that occurs, plaintiff may serve and file a new brief, which must be keyed to the record, within thirty days of its production. Upon reinstatement and perfection, oral argument shall be conducted.

 
It is so ordered.

(continued)

(continued)

2

A-6185-07T3

May 13, 2009