Order 966-2024

Order No. 966/EJE-8853-24 formally admitted the ordinary damages action filed by Lisa, S.A. against Villamorey, S.A., a company registered at folio 9146 of the mercantile microfilm section of the Public Registry and represented by Raamuro López Nimatuj. The Court found that both the power of attorney and the complaint met the requirements of Articles 625, 628, and 665 of the Judicial Code, and admitted the case under the ordinary procedure established in Article 1265 and subsequent provisions.

Service of Process and Evidentiary Phase

Service of the complaint. The Court ordered service of process on Villamorey with a copy of the complaint, granting ten days to file an answer. Under Article 1265 of the Judicial Code, the evidentiary phase would open automatically fifteen days after service was completed (or after service of any counterclaim), without the need for a separate order.

Plaintiff's counsel. The order recognized Licenciada María Luisa Villarreal Palacios as judicial representative of Lisa, S.A., under the terms of the power of attorney on file.

Practical effect: this order was the procedural act that formally initiated Case File No. 8853-24. However, the complaint was admitted only against Villamorey, S.A., omitting Juan Luis Bosch Gutiérrez as a co-defendant in his personal capacity. This omission was corrected through a supplemental order dated May 8, 2024, which added Bosch as a named defendant and ordered separate service of process.

Ruling

• Admitted the ordinary damages action filed by Lisa, S.A. against Villamorey, S.A.
• Ordered service of process on the defendant, with ten days to answer
• Established automatic opening of the evidentiary phase fifteen days after service
• Recognized Licenciada María Luisa Villarreal Palacios as judicial representative of Lisa, S.A.

Legal Basis

• Articles 625 and 628 of the Judicial Code — formal and substantive requirements for the power of attorney and the complaint, verified by the Court as prerequisites for admissibility
• Article 665 of the Judicial Code — additional complaint requirements evaluated for admission of the proceeding
• Article 1265 of the Judicial Code — ordinary procedure, including service of process and automatic opening of the evidentiary phase

Signatories

• Marietta Abrego Santos, First Civil Circuit Judge of the First Judicial Circuit of Panama