When a case falls within the situations that other provision lists, and the court of original instance did not dismiss the application for review, must the appellate court dismiss it, and how?
General information · Not legal advice
Material to check
In a practice file we read the application for review and the papers filed with it, the decision of the court of original instance that it attacks, and that court's record showing whether it dismissed the application or left it undecided, since the provision turns on both points.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as resting on two conditions together: the case must fall within what the other provision this one depends on provides, and the court of original instance must not have dismissed the application, and only then must the appellate court dismiss it by a ruling.
Another reading stresses that the provision governs only the case where the court of original instance has not dismissed, so where that court has already dismissed, this provision is not what the appellate court acts under; it also leaves open what the dismissal ruling must state and whether reasons are required.
Your judgment
If the file does not show whether the case falls within the situations that other provision lists, what paper would settle it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when the dismissal duty arises or what the dismissal ruling must contain, or if a court decision explains what counts as a case falling within that other provision.