Kernrechtsfrage
Whether the cantonal appellate court violated the tenants' right to be heard by not giving them a formal opportunity to comment on the settlement annexed to the landlord's brief.
Extrahierter Entscheid
No. Because the tenants were themselves parties to the settlement and received the respondent's brief, they could have replied within the available period; silence amounted to waiver.
Extrahierte Begründung
The right to be heard includes a right to reply to new submissions, but when a party is put in a position to react and does not do so, the authority may presume waiver after sufficient time has elapsed. The tenants did not show that the court withheld the brief or closed the instruction, and 18 days was sufficient in a simple costs dispute.