Motion

Factual Basis

The petition is built on a chain of completed procedural events. The $894,718.00 judgment against Lisa, S.A. was extinguished by set-off against dividends retained by Villamorey, S.A., pursuant to <doc id="pty-556-99-2018-12-05-a" />, issued on December 5, 2018. That order became final and executory after the First Superior Court declined jurisdiction in July 2019 and the Plenary of the Supreme Court of Justice unanimously denied amparo in June 2020.

The immediate trigger was <doc id="pty-31638-12-2025-01-03-b" />, issued on January 3, 2025 by the Special Acting Judge of the Twelfth Circuit Civil Court, notifying the lifting of the attachment against Lisa, S.A. in the BDT Investment, Inc. enforcement proceeding, <law id="pty-31638-12" />. The communication confirmed that the Fourth Superior Court of Justice, by resolution of September 30, 2024, upheld <doc id="pty-31638-12-2022-04-12-a" /> of April 12, 2022 and approved the settlement between BDT Investment, Inc. and Lisa, S.A., ordering the lifting of the attachment for $19,184,680.00 that had been decreed under <doc id="pty-31638-12-2012-12-12-a" /> of December 12, 2012 over any sums, rights, or credits owed to Lisa, S.A. within the present proceeding (sequestration action No. 7081-08). The Eleventh Circuit Court received the communication on January 30, 2025.

With this lifting, no precautionary measure of any kind remains in force against Lisa, S.A. that could justify the continued retention of its dividends. The case file had lain in the judicial archives since December 2020; this petition reopens it to enforce return of funds withheld for sixteen years.

Depositary Obligations

Lisa, S.A. grounds its petition in Article 536(4) of the Judicial Code, which provides that a third party constituted as judicial depositary is subject to the responsibilities prescribed by law. The petition recalls that Juan Luis Bosch Gutiérrez, through <doc id="pty-556-99-2008-11-25-a" />, a communication received on November 25, 2008, expressly stated that the dividend retentions were at the Court's disposal. Lisa, S.A. quotes this communication directly and argues that, with all proceedings justifying the retention now concluded, Bosch Gutiérrez is legally obligated to render an accounting and return the retained funds.

"Hacemos de su conocimiento que las retenciones que corresponden a la medida cautelar decretada en cuanto a las sumas de dinero en concepto de dividendos declarados que tenga derecho LISA, S.A., están a disposición de este Tribunal, en cualquier momento que lo requiera." (Page 1)

Relief Sought

• That the court communicate to Juan Luis Bosch Gutiérrez that his function as judicial depositary has concluded
• That Bosch Gutiérrez be ordered to render an accounting of his management of Lisa, S.A.'s dividends
• That Bosch Gutiérrez and Villamorey, S.A. be ordered to return the retained funds to Lisa, S.A., as mandated since <doc id="pty-556-99-2018-12-05-a" /> became executory

Legal Basis

• Article 536(4) of the Judicial Code — establishes the constitution of judicial deposit when a third party holds assets belonging to the defendant, and the depositary's legal responsibilities

Signatories

• Lcda. María Luisa Villarreal Palacios, judicial representative of Lisa, S.A.