Supreme Court quashes appeal dismissal due to improper service of documents and lack of valid power of attorney.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court overturned the appellate court's decision to dismiss the applicant's request for restoring a deadline and serving judgment documents. The applicant argued that the lawyer lacked authority for the appeal stage and that service was invalid because the business address was defunct. The court ruled that the lower court erred in applying service rules to a non-residential address and failed to verify the lawyer's continued mandate.
Regesto Legislator
Generato dall'IAArt. 91, 92 k.p.c.; Art. 136 § 1, 2 k.p.c.; Art. 133 ust. 3 k.p.c.; Art. 370 k.p.c.; Art. 387 k.p.c.: A limitation of power of attorney to a specific instance does not authorize representation in subsequent proceedings, and service of process to a business address is invalid if the business no longer exists at that location.