If that was the case I don’t think we even be in this situation
Considering how they got sideswiped by something so outrageous to begin with, they did pretty good, IMO.
They probably knew the Circuit Judge would not reverse himself, so they made sure they got all of right things filed in the Lower court proceedings so they could “Preserve” them for a solid Appeal.
Who knows though? All of the Superior Court Judges might own Race Horses, and want to keep the money in town! 