Plaintiff dismissed for filing cassation appeal before receiving reasoned judgment copy.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal because he failed to request the delivery of the reasoned judgment before the second-instance court's ruling. The plaintiff argued that judges who ruled on earlier procedural motions should be excluded from the cassation review under specific procedural articles. The court held that the statutory requirement for a reasoned judgment copy to start the appeal period is strict, and a request made before the judgment's announcement is procedurally premature and ineffective.
Legislator headnote
AI generatedArt. 3985 § 1 k.p.c.; Art. 387 § 3 k.p.c.: A party is not entitled to file a cassation appeal if they failed to request the delivery of the reasoned judgment within the prescribed period prior to the second-instance court's decision.