Saldaña Rodriguez, Demetrio v. Saldaña Figueroa, Angel David
KLCE202400801
Tribunal De Apelaciones De Pue...Sep 5, 2024Background
- The case arises from a dispute over the liquidation of post-marital and hereditary property, and eviction in precario, initiated on March 7, 2024, in the Superior Court of Fajardo, Puerto Rico.
- Ángel David Saldaña Figueroa and his spouse Ivelisse Ortiz Lebrón, via their legal community property (SLG), were sued by Demetrio Saldaña Rodríguez and others (the "recurridos").
- The main procedural issue concerned the manner of service (emplazamiento); only one summons was issued for both spouses and the SLG, contrary to procedural requirements.
- The trial court entered a default (anotación de rebeldía) against defendants for failure to respond, despite arguments about improper service.
- Defendants challenged the default through certiorari, raising both the service defect and arguing the issue of liquidation of hereditary property was premature (not ripe/justiciable) due to procedural deficiencies of the plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of Service (Emplazamiento) | Service complied as SLG was served via one spouse | Service defective; both spouses & SLG require separate summons per Rule 4.4(e) | Service was defective; default vacated, new service required |
| Default Entry (Anotación de rebeldía) | Default proper since defendants failed to timely respond | Entry of default inappropriate due to defective service and just cause for delay | Default vacated due to lack of jurisdiction from improper service |
| Jurisdiction over SLG | Serving one spouse sufficient to acquire jurisdiction | Both spouses must be served individually and as SLG per Torres Zayas v. Montano Gómez | Jurisdiction not acquired; must serve both individually & as SLG |
| Ripeness/Justiciability of claim | Claim was ripe and could be litigated | Not ripe; lack of proper documentation legitimizing plaintiffs' standing/capacity | Court found service issue dispositive; ripeness not addressed |
Key Cases Cited
- Torres Zayas v. Montano Gómez, 199 DPR 458 (P.R. 2017) (for acquisition of jurisdiction over SLG, both spouses must be served individually and as representatives of SLG)
- Rivera Marrero v. Santiago Martínez, 203 DPR 462 (P.R. 2019) (strict compliance with service requirements necessary to acquire jurisdiction)
- Caribbean Orthopedics Products of P.R., LLC v. Medshape, Inc., 207 DPR 994 (P.R. 2021) (amendments to service may be allowed if defendant was adequately notified)
- Citibank v. ACBI, 200 DPR 724 (P.R. 2018) (deference to trial court’s discretionary determinations, except for clear legal error or abuse)