Should the appellate court go beyond the scope of the appeal?

15.12.2025 15:05 • Question

I read news that an appellate court overturned a first instance decision on grounds not mentioned in the appeal, and the Supreme Court sent the case back for a new hearing. If a similar situation happens to me – can an appellate court rule based on circumstances not in the appeal or not considered in the first instance? Is this legal, and what should I do in such a case?

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