Questão jurídica principal
Whether the cantonal appellate court violated good faith and trust protection by refusing to hear the appeal despite a false appeal instruction.
Decisão extraída
The complainant could rely on the incorrect appeal instruction; the appellate court had to consider trust protection of its own motion and could not let the false instruction work to his detriment.
Fundamentação extraída
The wrong remedy was not clearly identifiable from the code alone, and no gross fault by the complainant or his lawyer was established. A party need not consult legislative materials or case law when the statute and the instruction did not plainly reveal the error.