Morales v. López
Morales v. López
Opinion of the Court
delivered the opinion of the Court.
In the case at bar, the District Court of San Juan rendered judgment for the plaintiffs on August 5, 1939. Some of the defendants appealed, and the appeal was considered frivolous and dismissed by order of July 10, 1940, (57 P.R.R. __), the mandate being remitted to the lower court on November 16th of the same year.
On December 4, 1940, when the judgment had already been executed and complied with in all its parts, Pilar Soria filed in the lower court a motion to intervene and to answer the complaint. Said motion was filed together with another, entitled: “Motion to annul the proceedings,” and an answer. On December 20, 1940, the lower court, after hear
On March 6, 1941, the plaintiffs-appellees filed a motion to dismiss the appeal: (a) because the order denying the Intervention is not appealable; (6) because even if said order were appealable, the appeal was filed after the expiration of the legal term fixed by Section 295(3) of the Code of Civil Procedure, which term was not interrupted by the filing of the motion to reconsider, since said motion was flatly denied; (c) because the appellant has not filed a transcript of the record; and (d) because the appeal is clearly frivolous.
We think it unnecessary to discuss the first three grounds on which the motion is based, because in our judgment the frivolity of the appeal is so clear and apparent that its dismissal lies.
In the first paragraph of her motion fox leave to intervene, the appellant says:
“That during the course of this trial she acquired the property which is the object of the revendieation action, and which she was ordered to surrender to the plaintiffs, having done so in fact.”
It appears from the record that the complaint for reven-dication was filed in the District Court of San Juan on December 6, 1937, and that on the 7th of the same month said complaint was recorded in the registry of property in accordance with the provisions of Section 91 of the Code of Civil Procedure. If the appellant, as she alleges, acquired the property in the course of the proceedings for the nullity of the summary foreclosure, of the sale and its record, aind
For the above mentioned reasons the appeal will be denied as frivolous.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.