I forgot to add that you are wrong for another reason as well. If the appellate court finds that the trial court did not have jurisdiction, it is required to dismiss the case even if no party ever raised the issue at all. See, for example, this case.
39 posted on 01/07/2010 4:57:23 PM PST by Lurking Libertarian
(Non sub homine, sed sub Deo et lege)
Yes, so we said in the brief if you bothered to read it. We even cited case authority on that point. So we were hardly wrong; we addressed it oh lurking liberi.
40 posted on 01/07/2010 7:21:32 PM PST by AmericanVictory
(Should we be more like them or they more like we used to be?)