Article 235: Serving the appeal and forwarding the file

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 8018/2553 (2010)

   Where an appeal is adverse to a joined party, that party remains an appellee and must be served with a copy of the appeal. Serving only some parties breaches Section 235, and an appellate judgment given without correcting this is improper.

   The trial court served the defendants' appeal on the plaintiff but not on the joined party, whose interests the appeal opposed. The Supreme Court held this violated Section 235 and that the appellate judgment, given without ordering correction, was improper, so it was vacated and the case remanded.

2. Arrêt de la Cour suprême n° 7234/2552 (2009)

   Where an appeal is adverse to a guarantor, the guarantor is an appellee and must be served with a copy of the appeal; accepting the appeal without serving the guarantor breaches Section 235.

   The plaintiff's appeal was adverse to the guarantor, so the guarantor was treated as an appellee. The trial court's acceptance of the appeal without serving the guarantor breached Section 235, and the Supreme Court vacated the appellate judgment and remanded.

3. Arrêt de la Cour suprême n° 2259/2544 (2001)

   Where cross-appeals are mutually adverse, the court must serve each appeal on the other party for an answer; failing to do so breaches Section 235 and is a failure to comply with the Code's provisions on the conduct of proceedings.

   The parties' appeals were adverse to each other. The trial court did not serve each appeal on the opposing side for an answer. The Supreme Court held this breached Section 235, vacated the appellate judgment, and remanded for proper proceedings.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.