That's my thinking -- an inability to comply could have been addressed with the court. Instead, it appears that they had no representation in front of the court in order to make that argument, have hearings and otherwise determine that compliance is impossible.
The merits of the case are one thing, however not appearing to address those merits (or lack thereof) seems to be the failure point.
The merits of the case are one thing, however not appearing to address those merits (or lack thereof) seems to be the failure point.
But I could be wrong.