Gomez Rivera, Yarilis v. Colon Rodriguez, Harry
KLCE202401073
Tribunal De Apelaciones De Pue...Oct 31, 2024Background
- Yarilis Gómez Rivera (Mother) filed a paternity and child support action against Harry Colón Rodríguez (Father) in March 2021 regarding their daughter born in January 2021.
- The initial judgment ("First Judgment") in May 2022 granted the declaration of paternity but did not rule on Mother's claims for damages ($10,000) and attorney fees ($8,000).
- Mother moved for reconsideration to address omitted damages and fees; the court denied reconsideration in October 2022.
- In December 2022, more than six months after the final judgment, the court issued a "Second Judgment" (Amended Nunc Pro Tunc), adding awards for damages and attorney fees to Father.
- In 2023, Mother sought enforcement of these amounts, and the trial court ruled the Second Judgment enforceable.
- Father sought certiorari, arguing the Second Judgment was beyond the court's jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to Amend Final Judgment after Six Months | Second Judgment was final and enforceable | Court lacked authority to amend final judgment after six months | No jurisdiction to amend; Second Judgment is null |
| Use of Nunc Pro Tunc to Change Substantive Terms | Enmendation was proper | Nunc pro tunc only fixes clerical errors, not substantive rights | Nunc pro tunc improper for substantive modification |
| Timeliness of Relief for Unresolved Damages/Fees | Delay not fatal; judgment enforceable | Time limit expired; court cannot reopen after 6 months | Relief untimely; 6-month limit is fatal |
| Enforcement of Null Judgment | Judgment must be enforced | Unenforceable as a nullity | Null judgments are not enforceable |
Key Cases Cited
- Coriano-Correa v. K-Mart Corp., 154 DPR 523 (limiting scope of nunc pro tunc amendments to clerical errors)
- Otero Vélez v. Schroder Muñoz, 200 DPR 76 (nunc pro tunc cannot alter substantive rights)
- Piazza Vélez v. Isla del Río, Inc., 158 DPR 440 (courts can only set aside judgments for justified cause within six months)
- Figueroa v. Banco de San Juan, 108 DPR 680 (six-month time limit for post-judgment relief is strict)