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KKO 715/2003 AI generated

Supreme Court dismisses appeal regarding lawyer's inability to attend due to surgery caused by illness.

Case Number KKO 715/2003
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the appeal concerning a lawyer's failure to appear at the High Court's main hearing due to surgery necessitated by illness. The appellant argued that the absence constituted a legal impediment, while the opposing party maintained the absence was excusable under specific circumstances. The court ruled that the statutory provisions regarding legal impediments did not cover this specific medical situation, thereby upholding the original decision.

Legislator headnote

AI generated

OK 12 luku 28 § 1 mom; The court held that a lawyer's inability to attend a hearing due to surgery caused by illness does not constitute a legal impediment under the relevant statutory provisions.

Keywords

AI generated
legal impediment lawyer absence medical surgery illness consequence court attendance appeal dismissal procedural failure

Cited Legislation

AI generated
OK 12 luku 28 § 1 mom

Cited Case Law

AI generated
KKO:2001:73
Supreme Court dismisses appeal; witness illness insufficient to excuse court appearance without hospitalization.
KKO:2003:28
Supreme Court dismissed appeal; minor surgery did not constitute legal excuse for missing court hearing.
AI generated
kko-other_2012_1302
Supreme Court dismissed appeal; appellant failed to prove legal impediment to attending court hearing.
kko-precedent_2003_28
Supreme Court dismissed appeal; minor surgery did not constitute legal excuse for missing court hearing.
kko-precedent_2016_84
Supreme Court found a valid health excuse prevented the defendant from attending trial, ruling the lower court's dismissal of his right to be heard was erroneous.
kko-other_2003_1370
Supreme Court dismissed appeal against lower court's refusal to correct appeal notice due to legal impediment.
kko-precedent_2012_76
Supreme Court quashes appeal dismissal due to improper service of summons violating EU mutual assistance rules.

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Full text

Kysymys laillisesta esteestä vastaajan jäätyä sairaudesta johtuneen leikkauksen vuoksi saapumatta hovioikeuden pääkäsittelyyn.

Ks. KKO:2001:73 KKO:2003:28

OK 12 luku 28 § 1 mom