Appeal against partial dismissal of claim and partial rejection of suit in one judgment requires separate fees.
Legislator summary
AI generatedThe Supreme Court ruled that a party filing an appeal against a judgment containing both a partial dismissal and a partial rejection must pay separate fees for each distinct legal remedy. The appellant filed an appeal against the judgment's partial dismissal, while the lower court questioned whether the separate ruling on the partial rejection also required a distinct fee. The court held that since the two rulings are legally distinct, the appeal covers the dismissal but the rejection requires a separate filing fee under the Civil Procedure Code.
Legislator headnote
AI generatedArt. 367 § 1 k.p.c.; Art. 394 § 1 k.p.c.; Art. 3 ust. 1 i ust. 2 pkt 2 ustawy o kosztach sądowych w sprawach cywilnych: When a judgment contains both a ruling on the main claim and a separate ruling on the rejection of the suit, an appeal against the former does not cover the latter, requiring a separate filing fee for the rejection ruling.