Questão jurídica principal
Whether the public-law appeal was admissible despite the appellant not first raising arbitrariness in evidence assessment before the Vaud cantonal nullity appeal court.
Decisão extraída
No. In Vaud civil procedure, arbitrariness in evidence assessment had to be raised by cantonal nullity appeal first; failing to do so meant the federal public-law appeal was inadmissible for lack of exhaustion of cantonal remedies.
Fundamentação extraída
The court reaffirmed its prior case law that a nullity appeal under Art. 444 para. 1 ch. 3 CPC Vaud is open for arbitrariness in evidence assessment as a violation of essential procedural rules, so the cantonal remedy was available and had to be exhausted.