Questão jurídica principal
Whether the civil-law appeal was admissible despite the appellant's reliance on an alleged additional waiver of limitation defenses
Decisão extraída
The new factual allegation could not be considered because it was neither validly challenged as manifestly incorrect nor shown to be admissible as new evidence.
Fundamentação extraída
Federal review is bound by the facts found below unless the strict conditions for correction or supplementation are met; new facts may be raised only if the lower-court decision gives rise to them and this must be specifically shown. The appellant failed to do so.