Facts
The appellant [A.] had filed an appeal against [B.] regarding the provisional enforcement. The District Court of March had granted [B.] provisional enforcement for a part of the claim. [A.] then filed an appeal with the Cantonal Court of Schwyz, which was dismissed. Subsequently, [A.] filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the Cantonal Court had not expressly addressed the appellant's request for suspensive effect, but this was irrelevant as the request had become moot due to the final decision.
Regarding the allegation that the District Court had violated the right to be heard, the Federal Supreme Court concluded that the District Court had only granted the right to reply, but had not ordered a formal second exchange of written submissions. Although the District Court had partially limited the parties' submissions in terms of subject matter, this was permissible within the framework of…