Cassation appeal dismissed for manifest inadmissibility due to insufficient factual exposition violating Article 366 of the CPC.
Sintesi Legislator
Generato dall'IAThe Court of Cassation declared the appeal inadmissible because the appellant failed to exhaustively state the grounds for the initial lawsuit, the first-instance judgment, and the appeal reasons. Although the lower court had previously accepted the opposition against a writ of execution, the appellant's submission lacked the required detail under Article 366, paragraph 3, of the Code of Civil Procedure. Consequently, the court refused to examine the merits or address legal costs since the opposing party did not engage in defense.
Regesto Legislator
Generato dall'IAArt. 366, n. 3 c.p.c.; The appeal is manifestly inadmissible if the appellant fails to exhaustively state the grounds for the initial lawsuit, the first-instance judgment, and the appeal reasons, rendering the defect incurable.