Howard Bashman is prompted to explore this question in his Law.com column this week because the trial court in a civil case he is handling on appeal insists that it required the parties to waive their rights to appeal as a condition of the court’s ruling on the merits of their dispute. Bashman contends the waiver never occurred, then comments on whether such a waiver would be enforceable in any event.
I wonder what the court would have done had the client’s not waived appellate review. He certainly could not have refused to decide the merits of the case. This doesn’t even make logical sense.