"Last month’s column explored appellate standing with a focus on how appeals are limited to aggrieved parties. Appropriately enough, it was titled “Appeals Are for Losers.” But you know who the real losers are? Parties who attempt to appeal but muck it up somehow and have their appeals dismissed. About three percent of appeals get dismissed for procedural reasons. This is nearly always a function of lawyer incompetence. That’s really losery. But it’s the exception, not the rule—and that’s another story altogether. This month we’ll consider another class of losers: Parties who fail to appeal at all."
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