Rejects Villamorey's amparo challenging $44.9M attachment based on nonexistent tacit denial in civil jurisdiction
Sep 23 2022
1st Superior Tribunal
The First Superior Tribunal of the First Judicial District denied admission of the amparo petition filed by Villamorey, S.A. against Judge Solange Le Ferrec de Booker of the Fourth Circuit Civil Court. Villamorey challenged what it termed a "tacit order to deny," claiming the judge implicitly refused to resolve a complaint filed against Order No. 283 of February 25, 2021, which admitted the summary accounting action brought by Lisa, S.A. This ruling came just weeks after the Court issued the official notice to Banco G&T Continental to enforce the $44,910,912.00 attachment decreed in Lisa's favor.
The Tribunal examined the amparo petition and identified three defects precluding its admission. On tacit denial. The Tribunal held that while Article 1381 of the Judicial Code grants the right to file a complaint, the concept of tacit denial does not exist in civil jurisdiction, unlike the contentious-administrative jurisdiction where it is expressly regulated. Villamorey could not explain what it meant by "tacit order to deny" when, instead of resolving its complaint, the judge issued Order No. 1234 of August 2, 2022 decreeing the attachment.
Incongruence between the challenged act and the alleged violation. The Tribunal concluded that Villamorey's allegations, including lack of motivation, untimeliness, and violation of summary proceeding procedure, actually targeted the attachment order rather than any supposed tacit denial. Even in the hypothetical scenario that the Tribunal revoked the "tacit denial," the attachment order would remain in force.
Failure to exhaust remedies. The Tribunal found that Villamorey had filed motions for reconsideration and appeal against the attachment order, neither of which appeared to have been resolved. This precluded amparo admission, since ordinary remedies had not been exhausted.