There is no way to answer those questions because the answer could turn on the facts or on the law. For example, take the first one, did the plaintiff comply with CRCP 354(h)? That depends on both the facts (what is it that the plaintiff did) and then the application of the law to those facts. It matters, then, which are in dispute, the facts (what the plaintiff did) and/or the application of the law to those facts (how the judge applied the CRCP to what the plaintiff did). Generally the appellate court will not second guess the trial court in its determination of the facts (i.e. its determination of what the plaintiff did). The appeals court will review the legal issues (i.e. how the trial judge applied the rule to what the trial judge determined were the facts).

