It isn’t “playing with words” to say that that lawsuit is over. The result of the appeal could alter the amount Tmmi owes. No question there. It could also undo the declaration. Or as you say it could be another mixed result. But there is no chance that the appeal will result in an award for the abuse of process claim that Dimension consent dismissed.
I think the most likely result is that both sides will lose their appeals. This might explain why both sides aren’t in a rush to get a hearing. I doubt we will get a decision this year.
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