II UZ 29/99
AI generated
Supreme Court allows appeal because filing for counsel was mistaken for a cassation appeal.
Legislator summary
AI generatedThe Supreme Court of Poland overturned the appellate court's dismissal of a cassation appeal. The applicant had filed a request for a court-appointed lawyer, which the lower court incorrectly treated as the cassation petition itself. The Supreme Court determined that since the request for counsel was not a cassation appeal, the lower court's rejection of the cassation was without subject matter.
Legislator headnote
AI generatedArt. 393 § 1 KPC; A request for the appointment of a lawyer by the court is not equivalent to a cassation appeal, and a rejection of cassation based on the mistaken identity of such a request is without subject matter.
Keywords
AI generated
cassation appeal
court appointed lawyer
mistaken filing
without subject matter
appellate procedure
legal representation
procedural error
Cited Legislation
AI generatedArt. 393 § 1 KPC