Questão jurídica principal
Whether the appellate court violated the defendant's right to be heard by confirming first-instance costs and compensation without prior notice and opportunity to comment.
Decisão extraída
Yes. The defendant was not given a meaningful chance to address the possible cost and compensation consequences after the appellate court moved from the merits issues to the dispositive decision.
Fundamentação extraída
The hearing right is a formal procedural guarantee. The defendant was allowed to argue only the preliminary questions and could not expect an immediate decision on costs and party compensation without a further chance to speak; the violation was serious and could not be cured before the Federal Supreme Court.