Motion
Lisa, S.A. reiterates its dividend return and contempt petitions, attaching Villamorey's Share Register Book showing a sequestration annotation extinguished since 2018.
- Issued on
- Apr 30 2025
- Issued by
- Lisa, S.A.
- Pages
- 4
Lisa, S.A. filed a second reiteration of its dividend return and civil contempt petitions before the Eleventh Circuit Civil Court of Panama in the ordinary proceeding , targeting Juan Luis Bosch Gutiérrez and Villamorey, S.A. The motion introduces new documentary evidence: a page from Villamorey, S.A.'s Share Register Book, sourced from Case No. 14240-21 before the Sixth Circuit Civil Court, revealing that Villamorey continues to carry a sequestration annotation on Lisa, S.A.'s dividends despite the precautionary measure's extinction under of December 5, 2018. Lisa, S.A. characterizes this as deliberate conduct to manufacture a pretext for the continued retention of funds that legally belong to it.
Analysis
New Documentary Evidence
This second reiteration of the dividend return and civil contempt petitions, first submitted in the of February 10, 2025, departs from the of March 27, 2025, which had focused on rebutting claims of non-finality raised in criminal proceedings. This filing instead introduces new documentary evidence that materially strengthens the factual basis for both petitions: a page from Villamorey, S.A.'s Share Register Book, an authenticated and apostilled copy on file in Case No. 14240-21 before the Sixth Circuit Civil Court of Panama. The document reveals that Villamorey, S.A. continues to carry the sequestration annotation on Lisa, S.A.'s dividends in its share register, as though the precautionary measure remained in effect.
Lisa, S.A. argues this annotation lacks any legal basis. The original sequestration, decreed under of October 27, 2008, was extinguished by of December 5, 2018, which directed the $894,718.00 judgment to be satisfied through set-off against the retained dividends. The finality of that order was confirmed by the First Superior Tribunal in its of July 2019 and by the Supreme Court Plenary's denial of Villamorey's in June 2020.
Depositary's Conduct
Lisa, S.A. reiterates that Juan Luis Bosch Gutiérrez, constituted as judicial depositary since November 2008 under Article 536(4) of the Judicial Code, remains legally obligated to return the retained funds and render an accounting of his tenure. The filing recalls that Bosch Gutiérrez himself acknowledged in his of November 25, 2008 that the retained dividends were at the court's disposal.
Lisa, S.A. characterizes the persistence of the share register annotation as deceptive conduct by Villamorey, S.A. and Bosch Gutiérrez, designed to manufacture a pretext for the continued retention of funds that legally belong to Lisa, S.A. The filing emphasizes that following the lifting of the BDT Investments, Inc. attachment in the executive proceeding , communicated via Official Notice No. 29 of January 3, 2025, no precautionary measures of any kind remain in force against Lisa, S.A.
Relief Sought
- That the Court communicate to Villamorey, S.A. and Juan Luis Bosch Gutiérrez their obligation to return to Lisa, S.A. the sums retained as dividends
- That the judicial depositary be required to render an accounting of his tenure and appear before the court
Signatories
- Lcda. María Luisa Villarreal Palacios, Judicial Representative of Lisa, S.A.
Documents
12| Document | Date |
|---|---|
| Jul 11 2008 | |
| Oct 27 2008 | |
| Nov 25 2008 | |
| Aug 28 2012 | |
| Dec 5 2018 | |
| Jul 12 2019 | |
| Jun 24 2020 | |
| Dec 10 2020 | |
| Feb 10 2025 | |
| Feb 11 2025 | |
| Mar 27 2025 | |
| Apr 30 2025 |
