Questão jurídica principal
Admissibility of the appeal against the order striking the case from the roll
Decisão extraída
The appeal is inadmissible because the challenged decision was not issued by a cantonal court of last instance and the filing is also insufficiently reasoned.
Fundamentação extraída
A striking-from-the-roll decision under Art. 206(3) CPC is a specifically regulated mootness decision under Art. 242 CPC. It is only challengeable cantonally under Art. 319(b)(2) CPC if it may cause irreparable harm; therefore it is not directly reviewable by the Federal Supreme Court under Art. 75(1) LTF. In any event, the appeal does not meet the reasoning requirements of Art. 42(1)-(2) LTF.