KLCE202500273
Tribunal De Apelaciones De Pue...Apr 30, 2025Background
- The petitioner, Hiram Pérez Soto, challenged a judgment approving the partition of his late father’s estate in Puerto Rico.
- Pérez Soto had previously been suspended from practicing law and the Supreme Court specifically required that he be represented by counsel in any matters related to his father’s estate.
- Despite this, Pérez Soto filed the motion pro se (without legal representation), seeking to annul prior judgments and sanction attorneys and the presiding judge.
- The core procedural event was the approval of the final partition notebook by the trial court on November 20, 2024, with timely notice given to all heirs.
- Pérez Soto filed his motion contesting the judgment after the fifteen-day jurisdictional deadline, and later attempted to appeal out of time as well.
- The Court of Appeals dismissed the case for lack of jurisdiction due to untimeliness and improper filing pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pro se representation post-suspension | Should be able to defend interests pro se. | Supreme Court required representation | Court barred him for lack of counsel. |
| Timeliness of motion to reconsider/suspend | Filed to annul judgment and prior proceedings. | Motion was untimely and ineffective. | Motion filed too late, jurisdiction lost. |
| Validity of the partition approval | Judgment should be annulled as null and void. | All legal requirements were met. | No basis for nullity established. |
| Jurisdiction of appellate court | Court should review denial of annulment. | Appeal was filed out of time window. | Court lacked jurisdiction, dismissed. |
Key Cases Cited
- In re Pérez Soto, 200 DPR 189 (P.R. 2018) (person suspended from legal practice must appear through legal counsel in estate proceedings)
- Pueblo v. Torres Medina, 2023 TSPR 50 (PR 2023) (trial and appellate courts must always assure jurisdiction)
- Colón Burgos v. Marrero Rodríguez, 201 DPR 330 (P.R. 2018) (timely reconsideration motions toll appellate deadlines)
- Romero Barceló v. ELA, 169 DPR 460 (P.R. 2006) (cases must be dismissed for lack of jurisdiction)