Supreme Court dismisses direct appeal filing as a notice of appeal, ordering transfer to appellate court for proper procedure.
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's direct filing to the Supreme Court, which was substantively a notice of appeal against a second-instance decision rejecting cassation. The applicant argued the document constituted a cassation appeal, but the Court determined it was legally a notice of appeal requiring specific procedural steps. Consequently, the document was returned to the appellate court to initiate the correct notice of appeal procedure, including verifying the filing deadline.
Legislator headnote
AI generatedArt. 393 § 1, 393 § 19, 394 § 1, 395 Kodeksu postępowania cywilnego: A notice of appeal filed directly to the Supreme Court against a second-instance decision rejecting cassation must be transferred to the appellate court to follow the proper notice of appeal procedure.