LEGAL PRINCIPLE: JURISDICTION — Effect of Nullity of Trial Proceedings — Appellate Proceedings Founded on Nullity Are Likewise a Nullity

A nullity at the trial level infects all subsequent proceedings. The appellate court cannot validate a nullity. If the trial court lacked jurisdiction or the proceedings were otherwise void, the appellate proceedings are also void. The principle prevents appellate courts from affirming or relying on void decisions. The appellate court must set aside both the trial and appellate decisions. The parties cannot waive a nullity. The remedy is to start afresh in the proper court. The rule ensures that fundamental defects are not cured by appeal. The appellate court has a duty to declare the nullity even if not raised by the parties. The principle is rooted in the nature of nullity—void ab initio.