Edict262
The First Civil Court issues a summoning edict granting Villamorey, S.A. and Juan Luis Bosch Gutiérrez ten business days to appear, with warning that a Defender of Absentees will be appointed.
- Issued on
- Sep 16 2024
- Issued by
- 1st Civil Court
- Pages
- 5
The First Circuit Civil Court of the First Judicial Circuit of Panama issued Summoning Edict No. 262/8853-24, ordering service by publication upon Villamorey, S.A. and Juan Luis Bosch Gutiérrez in the ordinary damages proceeding () filed by Lisa, S.A. The edict grants the defendants ten business days from publication in a nationally circulated newspaper to appear, warning that a Defender of Absentees will be appointed if they fail to do so. This measure was adopted on the same date as the , which directed edict service following repeated failed attempts at personal notification.
Analysis
Terms of the Summons
The edict summons Villamorey, S.A. (represented by Ramiro López Nimatuj) and Juan Luis Bosch Gutiérrez (identity document No. A-1-424075) to assert their rights in the ordinary damages proceeding () filed by Lisa, S.A. It was issued in compliance with the of the same date, which directed edict service under Article 1017 of the Judicial Code, after judicial notifiers documented multiple failed attempts to locate the defendants at the offices of their resident agent, Galindo, Arias & López.
The edict warns the summoned parties that they have ten business days from publication in a nationally circulated newspaper to appear before the Court and assert their rights. If they fail to appear within that period, the Court will appoint a Defender of Absentees, with whom the proceeding will continue through its conclusion. The edict was posted in a visible location at the Court's Secretariat, and an authenticated copy was made available to the plaintiff for publication.
Publication and Proof of Service
Lisa, S.A.'s counsel, Lcda. María Luisa Villarreal Palacios, submitted proof to the Court that the edict was published for five consecutive days in La Estrella de Panamá (Monday, September 30 through Friday, October 4, 2024). With publication confirmed, Lisa requested that the proceeding advance once the statutory response period expired. This step perfected service and allowed the case to advance to its evidentiary phase, which Lisa opened with its .
Legal Basis
- Article 1017 of the Judicial Code of Panama — Establishes the procedure for service by edict when the defendants' whereabouts are unknown and personal notification attempts have been unsuccessful.
Signatories
- Marietta Abrego Santos, Judge, First Circuit Civil Court of the First Judicial Circuit of Panama
Documents
9| Document | Date |
|---|---|
| Apr 12 2024 | |
| May 8 2024 | |
| Jul 9 2024 | |
| Jul 16 2024 | |
| Sep 16 2024 | |
| Sep 16 2024 | |
| Dec 3 2024 | |
| Dec 6 2024 | |
| Dec 12 2024 |
