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.
Legislator summary
AI generatedThe 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 generatedart. 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 generatedart. 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