ATAS/1045/2007 · Art. 66 al. 1 LTF

ATAS/1045/2007 • CJ GE ATAS/1045/2007 Généré par l'IA

Appeal Timeliness Based on Judgment Entry Date

Numéro de cause ATAS/1045/2007

Autorité / Tribunal Cour de Justice (Cour civile) · Chambre des assurances sociales

Juridiction

Suisse · Canton de Genève (CH-GE)

Date de la décision 2007-10-01

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

The appellant sought review of a decision finding that the statutory period for appeal had expired because the notice of appeal was filed more than the allowed time after the judgment was entered, despite the appellant's claim that the time limit should be calculated from a later date when a specific post-judgment order was entered. The court reasoned that the applicable statute clearly dictates that the appeal period commences upon entry of the judgment, and subsequent discretionary or clarifying orders do not restart this timeline unless they modify the underlying judgment in a substantive way, which the order in question did not do; thus, the appeal was untimely.

Regeste Legislator

Généré par l'IA

Art. 66 al. 1 LTF; Appeal Timeliness Based on Judgment Entry Date: The court reasoned that the applicable statute clearly dictates that the appeal period commences upon entry of the judgment, and subsequent discretionary or clarifying orders do not restart this timeline unless they modify the underlying judgment in a substantive way, which the order in question did not do; thus, the appeal was untimely.