Questione giuridica chiave
Whether the appeal was forfeited because the appellant refused service of the summons and could not be duly summoned.
Decisione estratta
Yes. Refusal to accept the summons is equivalent to unsuccessful service, so the appellant is deemed uninterested in the hearing and the appeal is forfeited.
Motivazione estratta
The court held that no distinction can be made between inability to serve due to an unknown address and inability to serve because the addressee refuses acceptance. In both situations the appellant shows that he no longer wishes to pursue the appeal. No grounds for excuse were asserted or apparent from the file.