Principle

APPELLATE PRACTICE β€” Fresh Points on Appeal β€” Point Arising from Judgment Not a New Issue

Area of law
APPELLATE PRACTICE
Court
Supreme Court

An issue that arises directly from the trial court's judgment is not a "new issue" requiring leave to appeal. The appellant may challenge the legal basis of the judgment as of right. The distinction is between issues not pleaded or argued below (new issues) and…

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