Court allows correction of prior ruling to add attorney fee deduction for lawyer who requested it.
Sintesi Legislator
Generato dall'IAThe Court of Cassation granted a material error correction request regarding a previous order that omitted a specific provision on attorney fees. The lawyer had explicitly requested the deduction of advanced costs and non-collection of fees in her counter-petition, though she did not explicitly declare herself as the beneficiary of the advance. The court ruled that the request for fee deduction implicitly covers the non-collection of honoraria, necessitating an amendment to the original order to include the deduction clause.
Regesto Legislator
Generato dall'IAArt. 287, 391-bis c.p.c.; In proceedings for material error correction, the omission of a request for fee deduction by the court does not preclude its inclusion if the lawyer had previously requested the deduction of advanced costs, as this implicitly covers the non-collection of honoraria.