Friday, March 17, 2023 6:07:50 PM
There are enough differences between the cases that we can't draw any conclusions and I'm not trying to state that anything is guaranteed to happen. But in the case I mentioned, the Court of Appeals issued an Order to Show Cause requiring that the appellant prove that the court had jurisdiction.
The Court of Appeals found the response so persuasive that it didn't just acknowledge that it had jurisdiction and continue the appeal, it skipped the entire briefing stage and immediately reversed and remanded the case. That means that the case was sent back to the district court to start over and rule properly based on instructions from the Court of Appeals.
Applying this to WNFT, I believe that the jurisdictional defect in the district court will result in the NVSC reversing and remanding the case in response to the order to show cause. I don't think that it will decide that it has jurisdiction to proceed and then continue briefing, I think they'll make a final decision resolving the appeal.
When I say I'm not sure it will happen immediately or not, I mean that it isn't clear if the NVSC will issue a decision reversing the district court or a decision requiring that a writ be filed first. I just don't see how they ignore the fact that the district court didn't have jurisdiction over Calasse or his shares.
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