Real Estate Right of First Refusal Waiver of Procedural Error on Appeal

A party appealed a decision concerning a real estate transaction, arguing that the lower court erred in applying a specific legal provision regarding the time limit for exercising a right of first refusal, claiming the statute required notification of the sale to all interested parties, not just the plaintiff. The highest court rejected the appeal, determining that the lower court correctly found the appeal untimely because the initiating party had failed to raise the alleged procedural error concerning the proper notification as an exception or defense during the initial stages of the proceedings before the trial court, thereby waiving the right to assert it on appeal.