Forfeiture of Right to Be Heard in Cost Allocation Due to Delayed Objection

The appellate court addressed a challenge to a cost allocation decision where the appellant claimed a violation of their right to be heard because they were not served with the respondent's fourth objection to a lease termination. The court affirmed that the right to be heard includes the right to reply to all submissions, and failure to grant this right generally voids the decision unless cured, which was not possible here due to appellate procedure limitations. However, applying the principle of good faith, the court ruled that the appellant forfeited the right to raise this formal objection because they had knowledge of the underlying submission regarding the fourth objection and the potential impact on costs from other communications months earlier, yet failed to assert the violation until after the unfavorable decision was rendered.