Lisa, S.A. asks the Eleventh Circuit Civil Court to declare Juan Luis Bosch Gutiérrez in contempt for failing to appear, render accounts, or return dividends retained as judicial depositary since 2008.

Factual Basis

Lisa, S.A. states that Juan Luis Bosch Gutiérrez, through a note recorded at folio 2163 of the case file (his Official Notice of November 25, 2008), constituted himself as judicial depositary of the dividends retained from Lisa, S.A. Since that date, Bosch Gutiérrez has not appeared before the court to render accounts, has submitted no report on his tenure as depositary, and has not communicated the status of the funds he declared at the court's disposal. Lisa, S.A. asserts that this prolonged omission over more than sixteen years constitutes one of the grounds for civil contempt under Panamanian procedural law.

Strategic Significance

This motion is the second of two coordinated filings through which Lisa, S.A. opened the dividend recovery phase in Exp. 556-99. The companion Motion filed the previous day established the obligation to restore the retained funds; this filing targets the depositary's conduct directly by invoking the sanctions regime of the Judicial Code, raising the prospect of judicial penalties should Bosch Gutiérrez continue to withhold the funds and the accounting.

Relief Sought

• That the Eleventh Circuit Civil Court declare Juan Luis Bosch Gutiérrez in civil contempt for breaching his obligations as judicial depositary of dividends belonging to Lisa, S.A.

Legal Basis

• Article 1932(8) of the Judicial Code — Defines as guilty of civil contempt those who, when required to return or deliver items deposited or entrusted by a court to depositaries and other auxiliaries of the administration of justice, fail to restore or deliver the required item within the term set by law or by the court.

Signatories

• Lcda. María Luisa Villarreal Palacios, judicial representative of Lisa, S.A.