Legislator Case Law & Legislation
I PKN 410/97 AI generated

Supreme Court vacates lower court order dismissing appeal due to missing value claim, allowing appeal despite low value.

Case Number I PKN 410/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 359 KPC
Art. 393-19 KPC
Art. 391 KPC
Art. 393 § 8 KPC
Art. 393 § 5 KPC
Art. 393 pkt 1 KPC

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