Appeal against appeal in civil procedure automatically has devolutive effect under CPC Art. 738 and 740.1.

The Tribunal da Relação of Lisbon unanimously ruled that an appeal against an appeal inherently possesses devolutive effect. The court held that the procedural mechanism of an agravo de efeito devolutivo automatically transfers the case to a higher court without requiring specific statutory authorization. Consequently, the lower court's decision was remitted for further review based on the automatic nature of this procedural step.