Entscheidungs 9Ob27/20s. OGH, 29-07-2020
ECLI | ECLI:AT:OGH0002:2020:0090OB00027.20S.0729.000 |
Date | 29 Julio 2020 |
Record Number | JJT_20200729_OGH0002_0090OB00027_20S0000_000 |
Judgement Number | 9Ob27/20s |
Court | Oberster Gerichtshof (Österreich) |
Der Oberste Gerichtshof hat als Revisionsgericht durch den Senatspräsidenten des Obersten Gerichtshofs Dr. Hopf als Vorsitzenden, die Hofrätinnen und Hofräte Dr. Fichtenau, Dr. Hargassner, Mag. Korn und Dr. Stefula als weitere Richter in der Rechtssache der klagenden Parteien M*****, vertreten durch Draxler Rexeis Sozietät von Rechtsanwälten OG in Graz, gegen die beklagte Partei D*****, vertreten durch Mag. Walter Krautgasser, Rechtsanwalt in Graz, wegen 12.000 EUR sA und Feststellung (Streitwert: 1.000 EUR), den
Beschluss
gefasst:
Die gemeinsame Ruhensanzeige wird zurückgewiesen.
Begründung:
Über die Revision des Beklagten hat der Senat am 25. 6. 2020 entschieden. Der Zurückweisungsbeschluss langte im Sinn des § 416 Abs 2 ZPO in schriftlicher Abfassung zur Ausfertigung am 29. 6. 2020 in der Geschäftsstelle ein.
Die Parteien brachten beim Erstgericht erst am 1. 7. 2020, beim Obersten Gerichtshof am 17. 7. 2020 einlangend, eine gemeinsame Ruhensanzeige ein.
Gemäß § 483 Abs 3 ZPO können die Parteien...
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