Article 3895. Termination of Proceedings on an Appellate Complaint (Protest)

The appellate instance court shall terminate proceedings on an appellate complaint (protest) in the following cases:

1) if the complaint (protest) concerns a judicial act not subject to appellate review and was mistakenly accepted for proceedings;

2) if the complaint (protest) concerns a judicial act already reviewed in the appellate instance and was mistakenly accepted for proceedings;

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

4) if a motion to withdraw the complaint is submitted after it was accepted for proceedings;

5) if a motion to withdraw the protest is submitted by the prosecutor or superior prosecutor after it was accepted for proceedings;

6) if a legal entity that was a party to the case is liquidated before the judicial act on the appellate complaint (protest) is rendered;

7) if an individual party to the case dies before a judicial act is rendered and the disputed legal relationship is non-inheritable.

A ruling on termination shall be issued, including a decision on the allocation of court costs.

Once proceedings on an appellate complaint (protest) have been terminated, the same party may not file a new complaint (protest) on the same grounds.