An appellate panel in Los Angeles says Katherine Jackson should remember the time she first objected to the $600 million sale of her son’s catalog to Sony more than a year ago. Because she failed to argue then that the asset sale allegedly violated the terms of Michael Jackson ’s will, she can’t do it now on appeal, the three-judge panel says. In a new tentative opinion expected to be adopted over the next 90 days, the appellate panel sided with Michael Jackson’s estate executors and said Katherine Jackson “forfeited” the core claim of her appeal by not raising it in the lower court that first rubber-stamped the deal.
The tentative ruling from California’s Second Appellate District went on to say that even if Katherine had raised that issue in the probate court, it wouldn’t have mattered. Looking at the merits of her appeal, the judges said they agree with the prior judge’s ruling that the executors had the full power and authority to negotiate the sale. Katherine’s lawyer was set to give an oral argument for the appeal effort Wednesday, but waived the appearance after the tentative was issued.
The tentative, obtained by Rolling Stone , ended with the warning that “this court will not entertain further briefing or grant a continuance.” (The lawyer did not respond to a request for comment.) “Katherine did not contend [in the lower court] that the sale violated the terms of Michael’s will or were inconsistent with the Probate Code.
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