Amparo Ruling

Rejects Villamorey’s challenge to prior court orders

Issued on
September 23, 2022
Issued by
First Superior Court
Rejects Villamorey’s challenge to prior court orders

Overview

On September 23, 2022, the First Superior Tribunal of the First Judicial District issued its ruling in the constitutional amparo filed by Villamorey, S.A. against the Fourth Civil Court Judge. Villamorey alleged a supposed “tacit denial” related to Order No. 283 of February 25, 2021, which had admitted Lisa’s summary accounting demand. The tribunal reviewed the amparo’s formal requirements and found that, although Villamorey identified the judge and described the alleged violation, the concept of “tacit denial” does not exist in civil proceedings and cannot support an amparo claim.

The tribunal held that Villamorey’s real objection was directed at Order No. 1234 of August 2, 2022, which imposed an attachment for more than $44.9 million in retained dividends and unpaid fines. Because Villamorey failed to exhaust ordinary legal remedies against that attachment order, the tribunal found the amparo substantively improper and procedurally inadmissible. The court therefore refused to admit the amparo, leaving all prior rulings—including the attachment order favorable to Lisa—fully in force.