One of the great things about appellate litigation is that even after nearly 18 years in practice, sometimes a fascinating procedural issue that I have never contemplated will present itself in an appeal on which I am working.
Just last month, for instance, I filed a brief for appellant in a case that presented some interesting issues on the merits. But, according to the trial court’s opinion, the appellate court should refuse to reach the merits of those issues because the trial court had supposedly extracted a pledge from the opposing parties not to appeal as a condition of receiving the trial court’s ruling on the merits of the dispute.
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