Questione giuridica chiave
Whether the appeal against the marital protection order was lodged before the competent appellate court
Decisione estratta
The appeal to the cantonal civil appeals court was inadmissible because, under the applicable CPC-VD, the proper remedy lay with the district court.
Motivazione estratta
The dispositive of the challenged decision was notified before 1 January 2011, so Art. 405(1) CPC preserved the former procedural law. Under Art. 369(1) CPC-VD, an appeal against the president’s order in marital protection proceedings had to be filed with the district court within ten days. The cantonal court therefore lacked the proper appellate forum.