Facts
The appellant [A.] filed an appeal against the first-instance judgment of the District Court of Höfe, which had dismissed his entire claim against the respondent [B. AG]. However, the Cantonal Court of Schwyz did not enter into the appeal due to defective legal claims and insufficient grounds for appeal.
The appellant then filed a civil law appeal to the Federal Supreme Court. He requested that the judgment of the Cantonal Court be set aside and the matter be remanded to the lower court for re-assessment.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It stated that the appeal request to uphold the claim was defective, but could be interpreted in light of the circumstances of the case. The lower court should therefore have assumed a sufficient legal claim and entered into the appeal.
However, the Federal Supreme Court confirmed that the grounds for appeal did not meet the legal requirements. The…