Appeal Ruling

On September 30, 2022, the First Superior Tribunal reversed Order No. 1623, reinstating Lisa, S.A.’s claim seeking a judicial accounting from Juan Luis Bosch Gutiérrez, who served as judicial depositary of more than $44.9 million in unpaid dividends owed to the company. The lower court had refused to admit the case, arguing that any challenges should have been filed in the separate ordinary proceeding where Bosch had originally been appointed. The Superior Tribunal disagreed, emphasizing that the accounting process is autonomous and may proceed independently of the underlying litigation.

The Tribunal found that Lisa, S.A. has the legal right to seek an accounting from the depositary, noting that documentary evidence and prior judicial orders established both the existence of the dividend obligation and Bosch’s role as depositary. Because the record showed sufficient grounds to justify the action, the court revoked the refusal and ordered the demand admitted, allowing Lisa to compel a detailed accounting of funds withheld for years.