Candelario-Del-Moral v. UBS Fin. Servs., Inc. of P.R., No. 11-2346 (1st Cir. 2012)Annotate this Case
The parties in this case were Plaintiff, Madeleine Candelario del Moral, and Defendant, UBS Financial Services, Inc. of Puerto Rico (UBSPR). The lead issue argued here arose from a Puerto Rico judge's verbal order in a divorce contest between Plaintiff and her ex-husband, David Efron. The order vacated a multi-million dollar attachment Plaintiff obtained against Efron's UBSPR accounts. A courtroom clerk later wrote that vacating order up in a document called "minutes," which never got signed by a judge or properly noticed to Plaintiff and Efron. Claiming that the minutes were facially defective, Plaintiff insisted that UBSPR was negligent in letting Efron withdraw millions from certain accounts. The circuit court agreed and granted Plaintiff's motion as to liability. Acting own his own initiative, the circuit court judge (Judge) granted Plaintiff summary judgment on her damages claim too, even though she had expressly limited her motion to the threshold liability issue. The First Circuit Court of Appeals vacated the summary judgment for Plaintiff because there were genuine issues of material fact precluding summary judgment. Remanded for trial.
The court issued a subsequent related opinion or order on November 28, 2012.