A Puerto Rico court has upheld a lower court's decision to dismiss a case involving Olivia Fernández Suárez and Nationwide Services Corp., impacting the control of the corporation following the death of its founder. The ruling, issued on May 13, 2026, affects the rights of Fernández Suárez and the heirs of the deceased, Emilio Ríos Dávila, regarding corporate governance and inheritance issues.

The case, titled Olivia Fernández Suárez Y Nationwide Services Corp. v. Sucesión De Emilio Ríos Dávila, Georyanne Ríos álvarez, Waldemar C. Ríos álvarez, Charles W. Ríos álvarez Y Sutano De Tal (Docket No. TA2026AP00284), began when Fernández Suárez filed a declaratory judgment action in 2016. She claimed ownership rights in Nationwide Services Corp., which she co-founded with Ríos Dávila, who passed away in 2011. After his death, control of the corporation shifted to Ríos Dávila's heirs, leading to disputes over corporate decisions and management.

The case reached the Tribunal De Apelaciones De Puerto Rico after the lower court dismissed the action due to a lack of procedural activity. The dismissal was based on Rule 39.2(b) of the Civil Procedure Rules, which allows courts to dismiss cases that have not seen any activity for six months. The lower court found that Fernández Suárez had not taken necessary steps to advance her claims since 2017, prompting the dismissal.

In its ruling, the court confirmed the lower court's decision, stating, "Our public policy favors that cases be resolved on their merits. However, this does not mean that a party has the right to keep their case alive indefinitely while leaving the other party in a state of uncertainty." The judges on the panel included President Judge Domínguez Irizarry, Judge Cruz Hiraldo, and Judge Sánchez Báez.

The court emphasized the importance of procedural diligence, noting that the inactivity in the case was significant enough to warrant dismissal. The ruling highlighted that the responsibility to advance the case fell on Fernández Suárez, who failed to justify the lack of activity. The court stated, "The reasons presented by the appealing party regarding the alleged noncompliance by the lower court with the cited procedural norm are insufficient in law and improper. It was the appellant's duty to present the reasons justifying the lack of activity in the case for more than ten months, but she did not do so."

This ruling has important implications for corporate governance and inheritance disputes in Puerto Rico. It reinforces the necessity for parties to actively manage their cases and the consequences of inaction. The decision may set a precedent for similar cases where procedural delays could lead to dismissal, emphasizing that courts will not tolerate prolonged inactivity.

Looking ahead, the ruling can potentially be appealed to the Supreme Court of Puerto Rico. However, details regarding any related cases or further actions by the parties involved were not available in the court filing. The outcome of this case may influence how future disputes over corporate control and inheritance are handled in Puerto Rico, particularly regarding the obligations of parties to maintain active participation in legal proceedings.