The Court of Appeals of Puerto Rico recently ruled on a case involving late service of a lawsuit. This decision affects how plaintiffs must act in filing claims, emphasizing the importance of diligence in legal proceedings. The case, Javier Torres Rodríguez v. Jessica Oliveras Cruz, was filed under docket number TA2026CE00528 on May 29, 2026.

The case began when María del Carmen Ojeda Rodríguez and José Luis Ojeda Orona filed a lawsuit against GT Construction, Inc., its president Luis Gerardo Torres Jiménez, driver José A. Santiago Meléndez, and Point Guard insurance. The plaintiffs claimed that while driving, they were struck by a truck owned by GT Construction and driven by Santiago Meléndez, who was an employee of the company. They alleged that Point Guard had an insurance policy covering the corporation.

Initially, on the same day they filed their lawsuit, the plaintiffs requested the court to issue summonses for the driver and the corporation. Three days later, they asked for a summons for the insurance company. The court issued these summonses on May 23, 2025. However, the plaintiffs did not request a summons for the president of GT Construction until September 23, 2025, which was 130 days after filing the lawsuit. They later explained this delay as an inadvertent oversight.

On February 11, 2026, the president filed a motion to dismiss the lawsuit against him, arguing that the summons was issued too late. He claimed the plaintiffs had a responsibility to act quickly and that their inaction led to the delay. The plaintiffs responded by stating that the mere passage of time did not automatically strip the court of its authority to issue the summons.

The court ruled that the lower court erred in denying the motion to dismiss. The judges noted that the plaintiffs failed to act diligently in requesting the summons for the president. They stated, "the plaintiffs, without even attempting to provide a reasonable justification, crossed their arms for several months and completely omitted any action aimed at obtaining the summons in question."

The ruling emphasized the importance of timely action in legal proceedings. The court reiterated that the summons must be issued within 120 days from the filing of the lawsuit. If not, the court must dismiss the case. The judges stated, "In this particular case, due to the extreme lack of diligence of the plaintiffs, and the extensive time elapsed between the filing of the lawsuit and the first time the summons was requested, the term for service is calculated from the moment when, with due diligence, the summons could have been obtained."

As a result, the court determined that the service of the summons for the president was late. The judges ruled that the plaintiffs exceeded the 120-day limit for service, leading to the dismissal of the case against the president. The court ordered the lower court to dismiss the lawsuit against Luis Gerardo Torres Jiménez.

This ruling serves as a reminder for plaintiffs in Puerto Rico to act promptly when filing lawsuits. The court's decision highlights the necessity of diligence in the legal process, as delays can result in the dismissal of claims. The ruling may affect future cases where timely service of summonses is in question.

Moving forward, this decision reinforces the expectation that plaintiffs must be proactive in ensuring that all necessary legal actions are taken within the required time frames. The ruling clarifies the responsibilities of plaintiffs in civil cases and sets a precedent that emphasizes the importance of adhering to procedural rules.

Details were not available in the court filing regarding whether the decision can be appealed or if there are related cases pending.