Supreme Court quashes lower court dismissal of appeal without summons to pay fees when fee waiver request is included.

The Supreme Court quashed the lower court's decision rejecting the appellant's cassation appeal without first summoning the lawyer to pay the required fees. The appellant's counsel included a request for a fee waiver in the appeal document, arguing the client could not afford the costs, while the lower court incorrectly applied a rule requiring immediate payment. The court ruled that because the waiver request delayed the fee obligation, the strict penalty of immediate dismissal without summons could not be applied, and the lower court must have summoned the lawyer instead.