Article 3891. Refusal to Accept an Appellate Complaint (Protest) for Proceedings

A judge shall refuse to accept an appellate complaint (protest) for proceedings in the following cases:

1) if the appellate complaint (protest) was filed by a person not entitled to appeal the judicial act;

2) if the appellate complaint (protest) concerns a judicial act not subject to appellate review under the law;

3) if the appellate complaint (protest) concerns a judicial act already reviewed under appellate procedure;

4) if the complaint (protest) was submitted after the expiration of the prescribed time limit and a motion to restore the time limit was denied;

5) if a ruling exists to terminate proceedings on the complaint (protest) due to its withdrawal by the person who filed it.

The ruling on refusal to accept the appellate complaint (protest) for proceedings shall indicate the grounds for refusal and address the issue of refunding the state duty paid.

A supervisory complaint (protest) may be filed against the ruling on refusal.

If the ruling is annulled, the complaint (protest) shall be considered as filed on the date of initial submission.