DAWN FUGNITTI v. WILLIAM J. SCARPA, JR.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1005-07T11005-07T1

DAWN FUGNITTI, as Administratrix

for the Estate of BERNARD

FUGNITTI and DAWN FUGNITTI, as

Administratrix ad Prosequendum

on behalf of the heirs of the

Estate of BERNARD FUGNITTI and

DAWN FUGNITTI, individually,

Plaintiffs-Respondents/

Cross-Appellants,

v.

WILLIAM J. SCARPA, JR., M.D.,

SCHMIDT-FLETCHER MEDICAL

ASSOCIATES, P.A.,

Defendants-Appellants/

Cross-Respondents,

and

JOSEPH J. CASELLA, D.O.,

Defendant.

_____________________________________

 

Submitted October 14, 2008 - Decided

Before Judges R. B. Coleman, Sabatino and Simonelli.

On appeal from the Superior Court of New Jersey, Law Division, Sussex County, Docket No. L-438-04.

Giblin & Combs, LLC, attorneys for appellants/cross-respondents (Michael R. Olszak, on the brief).

Britcher, Leone & Roth, L.L.C., attorneys for respondents/cross-appellants (E. Drew Britcher, of counsel; Jessica E. Choper, on the brief).

PER CURIAM

We have been advised prior to argument that this matter has been amicably adjusted and the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without costs.

 

We did not receive the letter from counsel informing us that the case had settled until after the scheduled time for oral argument had passed and neither side had appeared. Although we presume this was a simple administrative oversight, we remind counsel of the importance of promptly alerting this court to settlements of pending cases so that we do not devote preparation time to such matters unnecessarily. See Brown v. Pica, 360 N.J. Super. 490, 491 (App. Div. 2003).

(continued)

(continued)

2

A-1005-07T1

October 28, 2008