Supreme Court voids appeal proceedings when a co-defendant formally appeals against a judgment not addressed to them.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court declared the appeal proceedings void because the Court of Appeal ruled against a defendant based solely on an appeal filed by a co-defendant. The lower court had issued a final judgment against one entity while ignoring the appeal lodged by another formal co-defendant regarding a different party. The court held that a co-defendant can only appeal their own judgment, making the appeal procedurally inadmissible and the subsequent ruling void.
Regesto Legislator
Generato dall'IAArt. 370 k.p.c.; Art. 373 k.p.c.; Art. 379 k.p.c.; Art. 398 k.p.c.; Art. 3982 k.p.c.; Art. 386 k.p.c. - An appeal filed by a formal co-defendant against a judgment not addressed to them is inadmissible, rendering the second-instance proceedings void and the resulting judgment ineffective.