Quito, December 27, 2017
Quito, December 27, 2017
IN THE STATE OF FLORIDA, UNITED STATES
APPELLATE COURT RULES AGAIN IN FAVOR OF ECUADOR REVERSING THE DECISION OF THE TRIAL JUDGE IN THE TRIAL AGAINST THE ROBERTO AND WILLIAMS ISAIAS BROTHERS
Today, December 27, 2017, the Court of Appeals of the Third District of the State of Florida reversed the October 15, 2015 judgment issued by Judge John W. Thornton of the Court of the Eleventh Judicial Circuit of Miami-Dade County (Florida), which had dismissed a lawsuit filed by ex AGD against the Isaías Dassum brothers.
The Appellate Court, accepting the arguments presented by Ecuador’s defense, reversed the conclusions underlying the Trial Judge’s decision, instead remanding the case to the trial court, solely to determine damages in favor of the State of Ecuador, considering that, in application of the Acts of State Doctrine, Ecuador is not required to prove the liability of the Isaías Brothers with respect to the damages suffered by Filanbanco.
The Appellate Court reversed the incorrect trial decision regarding the lack of standing of the State of Ecuador, represented by the Office of the State Attorney General (the “PGE”), because it considered that the Isaías Brothers did not timely claim the absence of standing, accepting the Republic of Ecuador’s appearance as successor of Agencia de Garantía de Depósitos.
Regarding expiration of the statute of limitations period, the Appellate Court ruled that the liability of the Isaías Brothers began on July 8, 2008, date on which Resolution 12 issued by ex AGD was issued, ordering seizing of the assets owned by the Isaías Brothers to satisfy the debt identified in favor of AGD. In this way, the Appellate Court established that the trial Judge violated the Acts of State Doctrine, when it declared that the statute of limitations period had expired without considering that ex AGD’s resolution was an act of State.
When mentioning this decision, State Attorney General, Dr. Diego García Carrión, highlighted that is is a decision in which Ecuador’s legal opinion has again prevailed, as it is the second time that the Florida Appellate Court reverses a judgment issued by Judge John Thornton, thus allowing the case to progress to a decision on the merits resolving Ecuador’s claims.
As a result of the judgment, the case will be remanded to the trial court and will be heard by Judge William Thomas, by virtue of a recent change of judges.
It is worth recalling that this case against the William and Roberto Isaías Brothers was brought by ex AGD on April 29, 2009, after PGE assumed the defense of the State of Ecuador.
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