Legislator Case Law & Legislation
II UZ 80/97 AI generated

Supreme Court dismisses appeal when one defendant misses appeal deadline while another appeals, rendering first defendant's rights final.

Case Number II UZ 80/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the School in B.D.'s cassation appeal because it failed to file an appeal against the first-instance judgment, leaving that decision final. Although the School in B.D. was notified of the second-instance trial and received the judgment, the other defendant, the School in O., successfully appealed and had its liability contested. The court ruled that since the School in B.D. did not challenge the initial verdict, it could not later seek cassation relief despite receiving the appellate judgment.

Legislator headnote

AI generated

art. 392 § 1 KPC; art. 393 § 1 KPC: A party that did not appeal the first-instance judgment cannot file a cassation appeal against the second-instance judgment, even if notified of the proceedings.

Keywords

AI generated
cassation appeal dismissal finality of first instance joint and several liability procedural standing appeal deadline expiration

Cited Legislation

AI generated
art. 392 § 1 KPC
art. 393 § 1 KPC
art. 39319 KPC
art. 385 KPC
art. 32 ust. 2 pkt 2 ustawy o świadczeniach z tytułu wypadków przy pracy i chorób zawodowych

Cited Case Law

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