Figueroa Alejandro, Fernando v. Davila Rodriguez, Aixa Catalina
KLAN202300980
Tribunal De Apelaciones De Pue...Dec 15, 2023Background
- This case arises from a dispute over the division of an inheritance after the death of Mr. Porfirio Figueroa Ayala ("Causante"), involving his widow (Aixa Catalina Dávila Rodríguez) and his children from a prior marriage (Fernando, René, and Blanca Figueroa).
- Among the inherited assets is a house in Bayamón, Puerto Rico, acquired in the Causante’s first marriage, and thus a privative asset, with a mortgage.
- After the Causante’s death, the widow continued to pay the mortgage and reside exclusively in the property without paying rent.
- The court of first instance annulled a will, determined intestate succession, and divided the estate among the widow (as usufructuary) and children (as heirs), also deciding that the widow's mortgage payments would be credited as rent for her exclusive use of the home.
- Both parties appealed different aspects of the decision: the widow objected to the denial of credits for her payments, while the children raised issues about the distribution but filed their appeal late.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Credit for post-death mortgage payments | Widow sought credit for payments made on mortgage after Causante’s death | Children argued those payments should count as rent for exclusive use | Court affirmed: payments treated as rent, no additional credit owed |
| Credit for mortgage payments during marriage | Widow argued for reimbursement for payments allegedly made with marital (ganancial) funds | Children argued the property and payments remained privative to the Causante | Court affirmed: property was privative, evidence insufficient for credit to widow |
| Timeliness of heirs’ (children) appeal | Children argued the widow’s appeal extended their appellate deadline | Widow challenged timeliness of heirs’ appeal | Court dismissed children’s appeal as untimely |
| Evaluation of lower court’s factual determinations | Widow asserted alleged error on factual findings without submitting a trial transcript | Children did not address this on appeal | Court refused to review substantive errors without trial transcript |
Key Cases Cited
- Maldonado v. Junta de Planificación, 171 DPR 46 (Puerto Rico 2007) (jurisdiction is not presumed and cannot be conferred by consent)
- SLG Szendrey-Ramos v. F. Castillo, 169 DPR 873 (Puerto Rico 2007) (jurisdictional matters are privileged and must be resolved before merits)
- Carattini v. Collazo Systems Analysis, Inc., 158 DPR 345 (Puerto Rico 2003) (jurisdictional deadlines are fatal and cannot be extended)
- Reyes v. Cantera Ramos Inc., 139 DPR 925 (Puerto Rico 1996) (property in a ganancial society belongs jointly to both spouses)
- Dávila Nieves v. Meléndez Marín, 187 DPR 750 (Puerto Rico 2013) (appellate courts defer to trial court's assessment of evidence and witness credibility)