Principle

APPELLATE PRACTICE – Remittal of Case – Where Appellate Court Failed to Consider Issues – Rehearing Ordered

Area of law
APPELLATE PRACTICE
Court
Supreme Court

Where the court below failed to resolve issues raised before it, the Supreme Court cannot deliberate on them directly. The proper remedy is to remit the appeal to the court below for rehearing by a different panel. Remittal, not final determination by the Supreme Court,…

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