KELLY MORAN CAROL MORELLO v. BIOLITEC AG WOLFGANG NEUBERGER (2017)

Defendants Biolitec AG and Wolfgang Neuberger appeal from the trial court's February 24, 2016 post-judgment order, awarding plaintiffs counsel fees and costs incurred in enforcing that part of the court's prior judgment awarding plaintiffs over $1 million in attorneys' fees and costs. Defendants also appeal from the trial court's September 28, 2015 post-judgment order, imposing a sanction of $5000 a day upon defendants' failure to pay the fees and costs award. The award of over $1 million in fees and costs was included in a March 9, 2015 default judgment plaintiffs obtained pursuant to the Oppressed Minority Shareholder statute, N.J.S.A. 14A:12-7, against the two defendants after the court struck their answer for discovery violations. A separate panel of our court reversed the default judgment on the ground that the court lacked personal jurisdiction over Biolitec AG and Neuberger. Moran v. Biolitec Inc., No. A-3701-14 (App. Div. Nov. 14, 2017). Plaintiffs have since filed a notice of petition for certification.

In light of those circumstances, the parties agreed at oral argument on the present appeal that the post-judgment orders should be vacated, without prejudice to plaintiffs' anticipated petition for certification and, if granted, Supreme Court review of the jurisdictional issue. We concur.

Vacated without prejudice. We do not retain jurisdiction.

PER CURIAM