I PKN 410/97
AI generated
Supreme Court vacates lower court order dismissing appeal due to missing value claim, allowing appeal despite low value.
Legislator summary
AI generatedThe Supreme Court vacated a lower court order dismissing the cassation appeal because the court mistakenly believed the appeal failed to specify the subject's value. Although the appellant had clearly stated the value was 3,200 zloty, the appellate court incorrectly issued a return order based on a false assumption. Consequently, the Supreme Court allowed the appeal to proceed while ultimately rejecting it due to the statutory limit on appealable amounts.
Legislator headnote
AI generatedArt. 359 KPC; Art. 393-19 KPC; Art. 391 KPC: A court order dismissing an appeal for failure to state the subject's value must be vacated if the appeal actually contains that value, as the dismissal resulted from a judicial error of fact.
Keywords
AI generated
cassation appeal
subject value
judicial error
vacating order
statutory limit
appellate procedure
false assumption
Cited Legislation
AI generatedArt. 359 KPC
Art. 393-19 KPC
Art. 391 KPC
Art. 393 § 8 KPC
Art. 393 § 5 KPC
Art. 393 pkt 1 KPC