Originally Posted By: Rivrguy

Only had a brief discussion but state got the summary judgement. That is the bad part but the other part is that whichever way the judge ruled it was going to be appealed by the other party. In a nutshell a trial would have cost both parties a substantial sum of $$$ so the summary judgement saved both sides a ton of legal cost. So now it goes up the court ladder on strictly legal interpretation of the law.


Wait, so the state completely WON? So the judge ruled they followed the rules correctly?

My understanding of appealing things is that the next court looks to see if the first court erred on the rulgin, they don't "relook at the legal interpretation of the law"....so if things were lost at this level, the only way to get things overturned is if the first court egregiously erred. Plus, doesn't the appellate court have to accept the appeal? Maybe this will all be answered in the update...thanks.