Cour de cassation, civile, Chambre civile 2, 15 janvier 2009, 07-17.913, Publié au bulletin
Presiding Judge | M. Gillet |
Case Outcome | Désistement |
Counsel | SCP Boré et Salve de Bruneton,SCP Lyon-Caen,Fabiani et Thiriez |
Appeal Number | 20900082 |
Docket Number | 07-17913 |
Date | 15 janvier 2009 |
Court | Deuxième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin 2009, II, n° 14 |
Attendu que par acte notifié le 28 novembre 2007 à M. X... et le 29 novembre 2007 à M. Y..., en qualité de liquidateur à la liquidation judiciaire de la société X..., et déposé le 29 novembre 2007 au greffe, la SCP Lanos et Thomas (la SCP) s'est désistée du pourvoi qu'elle avait formé contre l'arrêt rendu par la cour d'appel de Rouen le 15 mai 2007 au profit de M. X... et de M. Y..., ès qualités ; que par mémoire signifié à la SCP le 28 novembre 2007 et déposé au greffe le même jour, M. X... a formé un pourvoi incident ; que M. Y..., ès qualités, a déclaré s'associer à ce pourvoi ;
Sur la recevabilité du pourvoi incident, contestée par la SCP Lanos et Thomas :
Vu l'article 1024 du code de procédure civile ;
Attendu que le désistement du pourvoi doit être accepté s'il contient des réserves ou si le défendeur a formé un pourvoi incident préalablement à sa...
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