"kinda confusing.I am not a lawyer..but I have stayed at a Holiday Inn Express before:)"
That's funny. I think they've allowed the Schindlers to petition for a hearing and to have the tube re-inserted in the interim before the hearing takes place. Someone correct me if I'm wrong here, but it appears at the moment they are merely granting the lawyers for the Schindlers the ability to submit their petition for the above.
More than merely, they also said that Whittemore was wrong NOT to consider it "de novo"
That's how I read it as well since the attorneys missed the date for the appeal.
Maybe one of the judges with more common sense came back from Spring Break and realized what had happened and is doing something to correct what's been done.
When this 1st broke, the news said the 11th accepted the appeal because the lower court erred. So, did the 11th say there was error or is Gibbs argueing there was?