Rodríguez v. District Court of San Juan
Rodríguez v. District Court of San Juan
Opinion of the Court
delivered the opinion of the court.
María R. de Serbiá caused an attachment to be levied upon an automobile belonging to Andrés Cortés and his wife, in a suit brought against them in a municipal court.
The question to be decided in this case is whether the .■appeal taken by the claimant should have been notified to Andrés Cortés and his wife.
Section 296 of the Code of Civil Procedure provides that an appeal from a judgment must be notified to the adverse party or his attorney; and in the case of Candelas v. Ramírez, 20 P.R.R. 31, we have held that for the purposes of an appeal the term “adverse party” includes only those parties who would be affected by a reversal or modification of the judgment appealed from. Consequently, what we must determine is whether or not Cortés and his wife, who are the defendants in the intervention proceeding and also in the suit prosecuted against them by Mrs. Serbiá, might be affected by a reversal or modification of the judgment.
The purpose sought by the intervention proceeding instituted by Gilberto Rodriguez was to have him adjudged to be the owner of the automobile in question, and hence that it did not belong to Cortés and his wife and could not be attached to answer for Serbiá’s claim against those spouses.
The judgment of the court, by declaring that the said automobile was not the property of the claimant, in effect awarded it to its legitimate owners, Cortés and his wife. '
The writ of certiorari must be discharged.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.