Question juridique clé
Whether the appeal against the justice of the peace's decision was timely despite an erroneous 30-day appeal instruction.
Solution extraite
No. Because the matter was subject to summary proceedings, the applicable appeal period was 10 days; the incorrect instruction did not protect the appellant, who was represented by counsel and could see the error from the law itself.
Motifs extraits
For voluntary jurisdiction the CPC applies subsidiarily; under Art. 248 let. e CPC the matter is governed by summary procedure, so only a point-of-law appeal is available within 10 days under Art. 321 CPC. Good-faith protection does not apply where the legal error is objectively recognizable, especially for a professionally represented party.