Key legal question
Whether the federal complaint against the cantonal non-entry ruling was admissible despite the alleged defect in service and the missed deadline.
Extracted holding
The complaint did not show that the cantonal court violated federal law in holding the appeal deadline to run from service of the written dispositive; the complaint was therefore inadmissible.
Extracted reasoning
The lower court relied on Art. 384 lit. a and Art. 85(4)(b) CPC, under which the appeal period begins upon service or handover of the written dispositive. Refusal to accept personal delivery counts as service on that day. The appellant's assertion that psychological reasons prevented acceptance did not demonstrate an unlawful application of federal law under Art. 95 BGG.