The Puerto Rico Court of Appeals has ruled against a request to disqualify an attorney in a case involving Yvonne Márquez Muñiz and José Antonio Casillas Fernández, among others. The ruling, issued on August 27, 2026, allows the lower court proceedings to continue without delay. This decision affects the ongoing legal battle over financial claims stemming from a marital dissolution and alleged fraudulent transfers of assets.
The dispute began when Yvonne Márquez Muñiz filed several claims against her ex-husband, José Antonio Casillas Fernández, and other parties. She sought compensation for various financial obligations, including a promissory note and the sale of jointly owned property. The case escalated when Márquez Muñiz accused Casillas Fernández of insolvency and claimed he had transferred his assets to evade debts.
The parties involved in the case include not only Márquez Muñiz and Casillas Fernández but also Ricardo Casillas Olivieri, Liz K. Colón Vázquez, and several others. The case was filed in the Superior Court of Humacao, where Márquez Muñiz sought to disqualify attorney Carmen del Pilar Rivera Fontánez. She argued that Rivera Fontánez had acted as a notary for the donation deeds that are now under dispute in her claims.
The case reached the Appeals Court after the lower court ruled in favor of disqualifying Rivera Fontánez. The petitioners, including Rivera Fontánez, sought to overturn this decision, arguing that the disqualification was unwarranted and did not follow the proper legal standards. They claimed that the lower court failed to apply the necessary scrutiny as established in previous cases.
In its ruling, the court stated, "We do not find any indication that the lower court acted with prejudice or partiality, or that it committed a manifest error in its reasoning." The court also noted that the notary's involvement in the disputed documents barred her from representing the defendants in this matter. The opinion was delivered by Judge Cruz Hiraldo, with participation from Judges Giselle Romero García and Rivera Torres.
The Appeals Court's decision means that the lower court can proceed with the case without waiting for further instructions from the Appeals Court. This ruling is significant for several reasons. It clarifies the standards for attorney disqualification in Puerto Rico, particularly regarding notaries involved in disputed transactions. The ruling reinforces the notion that attorneys who have previously acted as notaries for documents in question cannot represent parties in litigation concerning those documents.
This case sets a precedent for similar disputes involving attorney disqualification in Puerto Rico. It highlights the importance of maintaining ethical standards in legal representation and ensures that parties cannot use disqualification tactics to delay proceedings. The ruling may also influence how attorneys approach cases where they have previously served as notaries.
Looking ahead, it remains to be seen whether the parties will seek further appeal options following this decision. The court's ruling does not prevent either side from pursuing additional legal avenues. However, the immediate focus will be on the ongoing proceedings in the Superior Court of Humacao, where the financial claims will now be addressed without the delay of further appeals.