Questione giuridica chiave
Whether the cantonal appellate judgment annulling the dismissal was immediately appealable before the Federal Supreme Court
Decisione estratta
No. The challenged judgment was an incidental decision and neither caused irreparable harm nor opened the way to an immediately final decision avoiding long and costly evidence proceedings.
Motivazione estratta
Under Art. 93 para. 1 and Art. 117 LTF, incidental decisions are only reviewable under the strict statutory exceptions. Those conditions were not met, so the appeal was manifestly inadmissible under Art. 108 para. 1 let. a LTF.