Questione giuridica chiave
Whether the appeal against the cantonal incidental order was admissible despite requiring payment of a court fee as a condition of appeal.
Decisione estratta
The appeal was admissible in principle because the challenged incidental order could cause irreparable harm and the underlying action was a revendication action within the scope of the civil appeal route.
Motivazione estratta
An order requiring payment of an advance or fee under threat of inadmissibility may cause irreparable prejudice under Art. 93(1)(a) LTF; the underlying action was civil and the value threshold was exceeded.