Supreme Court dismissed appeal; appeal filed late; court lacks power to extend time for lawyer appointment.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against a lower court's rejection of her cassation. The appellant argued that the statutory deadline for filing the cassation should be extended because she was only notified of the court-appointed lawyer the day before the deadline expired. The court ruled that the appointment of a lawyer constitutes a power of attorney, and the timing of the lawyer's agreement is solely between the lawyer and the client, not the court. Consequently, since no request to restore the missed deadline was filed, the appeal was correctly rejected as untimely.
Legislator headnote
AI generatedArt. 118 KPC; Art. 168 § 1, 169 KPC; Art. 393 § 4 KPC; Art. 393 § 18 KPC: The appointment of a lawyer ex officio is equivalent to granting a power of attorney, and the court has no authority to extend the statutory deadline for filing an appeal based on the timing of the lawyer's appointment.