I am referring to the fact that of the six questions found on page 5 of this order by Judge Sweeney, the last three were brought up by the defendants.
That means that Sweeney already decided question 6 in favor of the plaintiffs and the defendants want the appeals court to reconsider. You said "If this question fails for defendant the conservatorship is over", but the question already failed for the defendant! And yet the conservatorship continues. That means your statement is false.
and question 6 can’t be severed either
What does "severed" mean here? The questions are all independent of each other.