What is the ruling if a claimant demands preemption based on belief, but a judge rules that they have no right of preemption?

Primary text

If a claimant believes they possess the right of preemption and pursues the matter before a judge, and the judge rules that the claimant has no right, the preemption right transfers entirely to the other claimant. This is because the right is extinguished by the judge's ruling, which is analogous to the right being waived by the entitled party themselves.