Pollard v. Acer Group

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the appellant’s constitutional argument was barred by the raise-or-waive rule because the Superior Court had the power to hear the argument but it was not raised initially in that court
• noting that a due process attack on a statute was not properly before this Court as it was not raised below and could not be heard under our narrow constitutional exception to the “raise or waive” rule
• declining to apply the exception to the raise-or-waive rule to a belated constitutional challenge of a tax sale statute
• rejecting the appellant’s characterization of a constitutional argument as being jurisdictional in nature
• “The term ‘lack of jurisdiction over the subject matter’ means quite simply that a given court lacks judicial power to decide a particular controversy.”
• “In our view, this case falls squarely within the raise or waive rule; and we perceive absolutely no exceptional circumstances here indicating that said rule should be disregarded.”

Source: CourtListener parenthetical corpus (CC0).