Questione giuridica chiave
Whether the cantonal appeal decision violated the appellant's right to be heard by failing to address the disposition-maxim objection
Decisione estratta
Yes. The appeal court did not deal at all with the clearly raised complaint that the first-instance court had awarded more than requested, so it violated Article 29(2) BV.
Motivazione estratta
The right to be heard requires the authority to consider the parties' submissions and give reasons that allow meaningful review. The appellant had expressly raised the point in the appeal, and the omission in the reasoning amounted to a constitutional defect that could not be cured by the Federal Supreme Court's limited review.