A & J Rental, LLC. v. Pemsy Group Corporation
KLCE202401378
| Tribunal De Apelaciones De Pue... | Jan 31, 2025Background
- Petitioners (A & J Rental, LLC, Isaac Díaz Rivera, and Jovana Zambrana) sought appellate review of six interlocutory determinations and one order from the Court of First Instance (Aibonito Superior Court) relating to remedies, costs, and attorney’s fees in pending litigation against Pemsy Group Corporation and others.
- The underlying action involved claims for damages, breach of contract, permanent injunction, mortgage fraud, and declaratory judgment.
- The challenged orders declined to rule on the petitioners' requests until compliance with earlier court mandates and denied certain motions outright.
- Petitioners filed for certiorari in the Puerto Rico Court of Appeals, seeking to void these determinations.
- The appellate panel examined whether it had jurisdiction, emphasizing the strict 30-day filing window for certiorari petitions and the limited scope for interlocutory review.
- Petitioners failed to demonstrate justified cause for their late filing, and most challenged orders were non-reviewable at this interlocutory stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of certiorari petition | Petition for review is appropriate; delay should be excused | Responses not provided in the opinion | Petition untimely; no jurisdiction due to late filing |
| Reviewability of interlocutory orders | Orders unjustly refused relief and should be reviewed | Orders are not reviewable/interlocutory | Orders fall outside allowable certiorari review types |
| Entitlement to remedies and attorney’s fees at stage | Relief should be addressed now despite earlier orders | Procedural compliance required first | Premature; no review prior to procedural compliance |
| Prejudice or manifest injustice justifying intervention | Failure to act causes irreparable harm | No cause shown for urgent intervention | No demonstrable failure of justice warranting appellate review |
Key Cases Cited
- Freire Ruiz de Val v. Morales Román, 214 D.P.R. _ (P.R. 2024) (court's obligation to examine jurisdiction even sua sponte)
- Báez Figueroa v. Adm. de Corrección, 209 D.P.R. 288 (P.R. 2022) (untimely filings cause incurable jurisdictional defect)
- Rivera Figueroa v. Joe’s European Shop, 183 D.P.R. 580 (P.R. 2011) (limits of interlocutory certiorari review)
- Job Connection Center v. Sups. Econo, 185 D.P.R. 585 (P.R. 2012) (appellate intervention on interlocutory orders in exceptional cases only)
- In re Collazo I, 159 D.P.R. 141 (P.R. 2003) (deference to trial court's exercise of discretion)