Supreme Court dismisses appeal for filing in wrong court, counting transfer date as filing date.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal because the request for the judgment copy was filed in the first-instance court rather than the second-instance court. The plaintiff argued for the right to appeal, but the court held that the one-month deadline for cassation only begins after the judgment is served according to specific procedural rules. Consequently, the court ruled that the appeal was untimely because the proper service request deadline had expired before the first-instance court forwarded the file.
Legislator headnote
AI generatedArt. 3934 KPC; Art. 387 § 3 KPC: The one-month period for filing a cassation appeal commences only upon proper service of the second-instance judgment; a request for service made in the wrong court is deemed filed only when that court transfers it to the competent court.