Rodriguez Rodriguez, Israel v. Davila Roman, Hector
KLAN202400717
Tribunal De Apelaciones De Pue...Aug 29, 2024Background
- The case involves a dispute over a failed real estate transaction in Guaynabo, Puerto Rico, governed by an option-to-purchase agreement initially signed in 2003 and amended in 2005 by the Rodríguez-Rodríguez and Dávila-Pizarro couples.
- Rodríguez-Rodríguez claimed they gave Dávila-Pizarro $27,500 as an advance payment but did not receive the property due to Dávila-Pizarro selling it to a third party in 2015, while a contractual condition (asphalting access to the lot) was unmet.
- Rodríguez-Rodríguez filed suit for breach of contract, damages, and unjust enrichment, seeking a refund of the sums paid.
- The trial court granted summary judgment for Rodríguez-Rodríguez, ordering repayment, interest, and attorney fees, after finding Dávila-Pizarro failed to raise genuine factual disputes and improperly relied on a "sham affidavit."
- Dávila-Pizarro appealed, arguing there were material facts in dispute (specifically, the timing of the asphalting work) and error in the assessment of attorney fees without an explicit finding of temerity (bad faith).
Issues
| Issue | Rodríguez-Rodríguez Argument | Dávila-Pizarro Argument | Held |
|---|---|---|---|
| Was summary judgment proper? | No disputed facts: contract breached, access not completed before sale. | There were factual disputes about contract terms and asphalting date. | Summary judgment affirmed; no genuine factual dispute. |
| Value of "sham affidavit" submitted post-discovery | Affidavit contradicted prior sworn statements and should be excluded. | Later affidavit explained an earlier error and supported their timeline. | Court excluded affidavit as a sham; prior statements control. |
| Imposition of attorney fees for temerity | Fees were appropriate under the standard for temerity. | Fees imposed without explicit finding of bad faith or frivolousness. | Imposition upheld; explicit factual finding not required if implied by judgment. |
Key Cases Cited
- León Torres v. Rivera Lebrón, 204 DPR 20 (discusses summary judgment standard in Puerto Rico)
- Ramos Pérez v. Univisión, 178 DPR 200 (summary judgment inappropriate where credibility or intent is in dispute)
- Meléndez González v. M. Cuebas, 193 DPR 100 (appellate review of summary judgment is de novo)
- SLG Zapata-Rivera v. J.F. Montalvo, 189 DPR 414 (adopts federal sham affidavit doctrine in Puerto Rico)
- Andamios de P.R. v. Newport Bonding, 179 DPR 503 (defines temerity for attorney fee awards)
- Santos Bermúdez v. Texaco P.R., Inc., 123 DPR 351 (fee-shifting improper if genuine factual dispute exists)