Susan Goldman v. James Gagnard

TINDER, Circuit Judge.

This case comes to us with a byzantine procedural history, with a certain Jarndyce v. Jarndyce, Dickensian flavor. The litigation has spanned ten years and involves numerous parties, as well as several interlinked proceedings in different tribunals. But the main question underlying the appeal is clear: can a party wait indefinitely to try to correct an error by a tribunal, or is it required to do so in a timely manner? We draw upon commonsense principles of waiver and estoppel to conclude that the Defendant-Appellants are long past the logical point at which they could…