Filed before the March 2025 cutoff, rejected on purely procedural grounds (Cartabia) without a merits review. Has anyone appealed this successfully? Palermo court
Our family's judicial case (GGGF line) was filed in Palermo in late 2024 through an agency and their Italian attorney, so we fall under the pre-decreto rules. We just got the sentenza, and it's a rejection, but a purely procedural one.
It turns out the ricorso was filed with only the powers of attorney attached. The vital records and other documents were only deposited in the case file months later (however, months before the written hearing date), and the judge applied the strict post-Cartabia preclusion rules for the rito semplificato and declared them inadmissible. So the case failed "for lack of proof" without the merits ever being examined, even though the Ministry never showed up and the prosecutor had no objection.
The case was knowingly filed "empty," apparently to lock in a 2024 filing date. Ironically, that early date is what saved us from the decreto.
Now, I assume an appeal keeps the original pre-cutoff case alive, while a brand-new case would fall under the 2025 law, which nobody in our family qualifies under.
Has anyone else had a case dismissed over late documents under the rito semplificato? If you appealed, how did it go at the Corte d'Appello? And if your agency caused the problem, did they cover the appeal costs?