Appeal: BDT appealed denial of intervention and due process


Overview
On March 13, 2025, BDT Investments Inc. filed an appeal against Sentencia No. 71, arguing that the Sixteenth Civil Court improperly denied its request to intervene as litisconsorte (co-litigant) in the accounting lawsuit initiated by Lisa, S.A. BDT argues that the lower court acknowledged it met all procedural and evidentiary requirements under Articles 602–603 and 612 of the Judicial Code—including the existence of a valid assignment of litigation rights from Lisa—but nevertheless deferred its ruling and ultimately denied BDT’s participation without legal justification. The appeal contends this violated BDT’s procedural rights and contradicts the court’s own factual findings.
The brief also challenges the court’s conclusion that Lisa lacked active standing (legitimación activa) due to the assignment, while simultaneously failing to notify or admit BDT as the rightful claimant, contrary to Article 747 of the Judicial Code. BDT further argues that the trial court misinterpreted Article 1379 by exempting Juan Luis Bosch from accountability on the basis that he acted as a corporate representative, even though he functioned personally as judicial depositary of the funds in question. The appeal asks the First Superior Tribunal to reverse the ruling, admit BDT as a party, and restore proper application of procedural and substantive law in the underlying accounting process.