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Libel trial McCann v Goncalo Amaral - Confirmation of Appeal translation from Wednesday 07 October 2015

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The following documents were put on line by PJGA. Translated by Anne Guedes

 

Process: 1454/09.5TVLSB
Authors/ Applicants: Kate Marie Healy McCann and others
Subject: Appeal
Your Ref: Defendant Gonçalo de Sousa Amaral




Regarding the above referenced case file, you are notified of the admissibility of the appeal as well as of the content of the order released in EP (Electronic Process), with the reference number 338001289 (Pgs 2382 of the PP (Paper Copy), of which a copy is attached.
Moreover you are notified that the case proceedings will be at the Tribunal da Relação de Lisboa on October 7, 2015

 

Conclusion :

Within the scope of article 617-1 of the CPC (Civil Processual Code) and referring to the grounds of the decision, I consider that the nullities pointed out in the appeal don’t occur and the judgement is maintained as issued. 


Appeal:

I accept the filed appeals, since they meet the deadlines, have been submitted by those with authority to do so and because the decision is appealable. (Articles 629, 631 and 641 all of the new CPC).
The appeal request (Article 645-a) concerns the proceedings with a merely devolutive effect (Article 647-1). See notes below


I notify and declare the release of the proceedings to the Venerable Tribunal da Relação de Lisboa (Lisbon’s Appeal Court )
 

 
Note : “Devolutive effect” means that the proceedings (facts and law) will be transferred to a higher Court and examined again.


 

Artigo 645-a of the new CPC (ex 691A-1a)

Modo de subida

 

Way of transferring the process to a higher court

1. Sobem nos próprios autos as apelações interpostas :

Are transferred the proceedings referring to the appeals filed against :

 

a) Das decisões que ponham termo ao processo

The decisions that put an end to the trial

 

Artigo 647-1 of the new CPC (ex 692)

Efeito da apelação

Effect of the appeal

 

1. A apelação tem efeito meramente devolutivo, excepto nos casos previstos nos números seguintes.

The appeal has a merely devolutive effect, except as provided in the following paragraphs.

 

Note : As those following paragraphs aren't quoted, there's no exception here. The last of the few cases contemplated by the law in which the appeal suspends the process is :

 

4. Fora dos casos previstos no número anterior, o recorrente pode requerer, ao interpor o recurso, que a apelação tenha efeito suspensivo quando a execução da decisão lhe cause prejuízo considerável e se ofereça para prestar caução, ficando a atribuição desse efeito condicionada à efectiva prestação da caução no prazo fixado pelo tribunal. 

Apart from the cases provided for in the preceding paragraph, the applicant may request, when filing the appeal, a suspensive effect, if the execution of the decision would cause him considerable damage, and offer to provide a bail, the granting of this effect being conditioned to an actual deposit within the time limit prescribed by the court.

 
 

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