Order463
Panama's Fourth Civil Court declares Villamorey, S.A. in contempt for defying the accounting order and imposes daily fines of $100.00 for noncompliance.
- Issued on
- Apr 8 2022
- Issued by
- 4th Civil Court
- Pages
- 6
The Fourth Civil Circuit Court of the First Judicial Circuit of Panama declared Villamorey, S.A. in contempt for failing to comply with the accounting order issued in of February 25, 2021, within the summary accounting proceeding () brought by Lisa, S.A. The court ordered Ramiro Lopez Nimatuj, Villamorey's legal representative, to personally deliver the accounting by April 29, 2022, and imposed daily fines of $100.00 for each day of noncompliance. This ruling marked the first coercive enforcement step in the proceeding, and Villamorey's continued defiance led the court to decree, through , an attachment exceeding $44.9 million in August 2022.
Analysis
Procedural Background
Attorney María Luisa Villarreal Palacios, acting as judicial representative of Lisa, S.A., filed the contempt motion within the summary accounting proceeding () on July 26, 2019. The court admitted it by resolution of December 29, 2021, and granted Villamorey a three-day period to respond. Villamorey answered through its counsel, the law firm Galindo, Arias & López.
Defendant's Arguments
Villamorey, through its attorneys, argued that Lisa's shares were attached by order of various courts in Guatemala, that Lisa lacked standing to judicially demand an accounting because only the shareholders' assembly could request one, and that Lisa should have grounded its claim in documents carrying executive merit. The court rejected all of these arguments.
Court's Analysis
The court verified that expressly directed Villamorey to render accounts within one month of notification. The firm Galindo, Arias & López appeared before the court and was notified of that order, triggering the 30-day period, which expired on December 23, 2021. The court found no procedural evidence that Villamorey had complied:
"En base a lo anterior, podemos observar que no hay constancia procesal en el expediente de que se haya hecho la rendición de cuentas, tal como lo ordena el Auto N° 283/14606-21 de 25 de febrero de 2021." (Page 4)
Ruling
- Villamorey, S.A. is declared in contempt of court within the summary proceeding filed by Lisa, S.A.
- Ramiro Lopez Nimatuj, Villamorey's legal representative, is ordered to render accounts for the company.
- April 29, 2022, at 9:30 a.m. is set as the deadline to appear before the court and deliver the accounting.
- Daily fines of $100.00 are imposed for failure to appear.
Legal Basis
- Article 1932 of the Judicial Code — authorizes the court to impose compulsive and progressive sanctions for noncompliance with judicial orders in summary proceedings.
Signatories
- Mgter. Solange Le Ferrec de Booker, Fourth Circuit Civil Judge
- Lcdo. Miguel Angel Quiroz, Judicial Secretary
Documents
8| Document | Date |
|---|---|
| Feb 25 2021 | |
| Apr 8 2022 | |
| Aug 2 2022 | |
| Aug 9 2022 | |
| Sep 23 2022 | |
| Oct 25 2022 | |
| Feb 2 2023 | |
| Nov 13 2023 |