Artau Feliciano, Eduardo Jose v. Viva Travel LLC
KLRA202400126
Tribunal De Apelaciones De Pue...Mar 19, 2024Background
- The case involves Eduardo José Artau Feliciano and others versus Viva Travel, LLC, stemming from a complaint before the Puerto Rico Tourism Company concerning travel agencies.
- The underlying dispute resulted in an adverse administrative resolution for Viva Travel by the Tourism Company on May 15, 2023.
- Viva Travel filed a motion for reconsideration on June 5, 2023, challenging the agency's decision.
- The Tourism Company issued its reconsideration resolution on October 27, 2023—144 days after the reconsideration was filed, exceeding statutory deadlines.
- Applicable law required the agency to decide the reconsideration within 90 days (or up to 120 with a justified extension, which was not evidenced here), triggering deadlines for judicial review.
- Viva Travel ultimately appealed to the Court of Appeals on March 11, 2024, well after the jurisdictional period had expired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court has jurisdiction given Viva's late judicial review filing | Not clearly presented | Viva argued for review despite lateness | No jurisdiction; appeal is untimely |
| Effect of the agency missing the reconsideration deadline | N/A | Viva did not timely challenge | Agency's late ruling is ultra vires and void |
| Whether agency's post-deadline order revives review period | N/A | Viva relied on late resolution | No; period for review started at deadline expiry |
| Appropriate remedy if jurisdiction is lacking | N/A | N/A | Case dismissed for lack of jurisdiction |
Key Cases Cited
- Beltrán Cintrón v. ELA, 204 DPR 89 (P.R. 2020) (explains the fundamental nature of jurisdiction for court actions).
- Allied Management Group, Inc. v. Oriental Bank, 204 DPR 374 (P.R. 2020) (courts cannot assume jurisdiction they do not have).
- Shell v. Srio. Hacienda, 187 DPR 109 (P.R. 2012) (a judgment issued without jurisdiction is void).
- Fuente Elizondo v. F & R Construction, S.E., 196 DPR 353 (P.R. 2016) (administrative agency loses authority if it does not act within statutory period).
- Dra. Moreno Ferrer v. Jta. Reglamentadora del Cannabis Medicinal, 209 DPR 430 (P.R. 2022) (action by an agency outside allotted time is ultra vires and void).
- Dávila Pollock v. R.F. Mortgage and Investment Corp., 182 DPR 86 (P.R. 2011) (timely filing for judicial review is a jurisdictional requirement).