Rodríguez Montalvo v. Fonalledas
Rodríguez Montalvo v. Fonalledas
Opinion of the Court
delivered the opinion of the- Court.
This is a suit for wages in which the district court entered judgment for the plaintiff and the defendant appealed. The plaintiff moved to dismiss the appeal on the ground that the notice of appeal was filed after the jurisdictional term provided therefor had expired.
Judgment was entered on June 13, 1950. The record contains a copy of a Notice of Judgment filed by the Secretary on June 15 showing that, the original was mailed and addressed to “Gerónimo Fonalledas, c/o Att’y Virgilio Brunet, Hato Rey, Puerto Rico”. The notice of appeal was filed on June 23. The theory of the appellee’s motion to dismiss is that the appellant did not file his appeal within five days ■ from the date the Secretary filed the copy of the notice of judgment in the record of the case as required by law. Fog v. District Court, 65 P.R.R. 150; Sierra, Commissioner v. Blondet, 70 P.R.R. 200.
In support of his opposition to the motion to dismiss, the appellant has filed a sworn statement of Pedro García, office . manager of the appellant, that on June 19, 1950 he found in the post office box of the appellant at Hato Rey an envelope addressed to the appellant c/o Att’y Virgilio Brunet, Hato Rey, Puerto Rico; that when he opened the envelope, he found therein a notice of judgment and a copy of the judgment in this case; and that on the same day he sent these two documents by messenger to Att’y Brunet, counsel for appellant in this case.
The appellant argues that under Rule 5(6) of the Rules of Givil Procedure, the judgment was required to be served upon the attorney for the appellant, and that it was therefore not a proper notice for the Secretary of the lower
This case is governed by § 1 of Act of March 11,1908, as amended by Act No. 2 of March 14, 1929, found in the Code of Civil Procedure, 1933 ed., p. 137.
The question presented is whether mailing the notice to the appellant c/o his attorney constituted proper service on the attorney. In passing on this question, we must bear in mind the principle that since service by mail is considered under § 322 of the Code of Civil Procedure as completed by deposit in the mails, there must be strict compliance with
It remains only to note that, after being served with the affidavit of the appellant’s office manager, the defendant obtained and filed in this case a certificate of the Secretary of the district court to the effect that the Registry Book of Services by Mail contains an entry that the judgment and notice of judgment were sent by mail in this case addressed to Att’y Virgilio Brunet, Box 235, Hato Rey, Puerto Rico. We cannot accept this certificate under the circumstances of this case in view of the facts that (1) the only copy of the notice of judgment filed in the record of this case by the Secretary shows on. its face that the original was addressed to Gerónimo Fonalledas, c/o Att’y Virgilio Brunet, Hato Rey, Puerto Rico, and that (2) Att’y Brunet has filed a sworn statement that he never received in the mail any notice addressed directly to him.
The motion to dismiss the appeal will be denied.
Section 1 of the Act of March 11, 1908, applies to this case — an appeal from the district court to the Supreme Court — in view of the fact that Act No. 10, Laws of Puerto Rico, 1917 (II), was amended to provide that the district courts shall have concurrent jurisdiction in suits for wage claims exceeding five hundred dollars, and that the procedure on appeal from a judgment of the district court to this Court in wage cases shall be the same as the procedure for appeals from the municipal to the district court in such cases. See Act No. 17, Laws of Puerto Rico, 1945; Act No. 150, Laws of Puerto Rico, 1950.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.