Supreme Court dismisses appeal over procedural defect due to valid service of notice by postal service.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal regarding the rejection of a cassation for formal defects. The appellant argued that the court notice was not properly served, claiming the postal carrier left it at the wrong address and that the court relied on unverified assumptions. The court rejected these claims, noting that the postal service's records and the carrier's testimony confirmed the notice was delivered to the correct address within the statutory period.
Legislator headnote
AI generatedart. 139 § 1 KPC; art. 3933 KPC; art. 3935 KPC: A declaration by a lawyer regarding a probable error in the delivery of a court notice is insufficient to establish that the notice was not alternatively served to the addressee, and the court's finding of service based on postal records and carrier testimony is binding.