El blog de Maria

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Legal tip 931. NEW! Finca Parcs Victory at the Appeal Court
Tuesday, April 16, 2013 @ 12:32 PM

Just in case you still do not know about Keith Rule´s victory in Albacete!

FINCA PARCS ACTION GROUP - LAWSUIT 1 – UPDATE – 11 APRIL 2013

Justice has prevailed. We have won in the Albacete Appeal Court with a sentence totally dismissing the Banco CAM Appeal.

Here is a translation of the final paragraph of the Appeal CourtSentence:

AUDIENCIA PROVINCIAL DE ALBACETE SECCIÓN PRIMERA

Apelación Civil 272/12

SENTENCIA NUM. 76

IN THE NAME OF THE KING

In Albacete 11 April 2013

DECISION

We dismiss the appeal filed by the representation of BANCO CAM S.LU. against the judgment of 8 June 2012 in ordinary procedure 182/11 issued by the Lady Judge of the First Instance Court No. 2 of Hellin. We CONFIRM that decision andorder the appellant (BANCO CAM S.L.U.) to pay the costs of this appeal.

Congratulations to all!!!!

Kind regards

Keith
Finca Parcs Action Group (FPAG)

"Feria de Albacete _ 01", Albacete, East of Spain, by Gabriel Villena, at flickr.com

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3 Comments

sandra said:
Tuesday, April 16, 2013 @ 12:53 PM

Well done and congaratulations to you all.
Now onwards and upwards to keep the momentum of these wins going. Me next??

Rosemary said:
Tuesday, April 16, 2013 @ 4:16 PM

Us too please ....... Congratulations to all concerned. Only hope they pay up and they don't have to wait years like us.

Keith - FINCA PARCS ACTION GROUP said:
Wednesday, April 17, 2013 @ 9:49 AM

Thanks Sandra.

Rosemary - they have already paid. We provisionally enforced the First Instance Sentence in July 2012 against both defendants. Like most developers, Cleyton GES did not pay. But Banco CAM paid the money to the Court in August 2012. The Court has been holding the money since then - pending the Appeal Court decision.

We have now continued the enforcement process and have applied to the Court for the release of the 'principal' - the value of the deposits - 1,494,710€. Interest and costs will be paid when the case is closed and the decision is 'firm'. That will be mid-May (20 working days) if CAM do not make a further appeal to the Supreme Court.

If CAM appeals to the Supreme Court and the appeal is accepted then the Supreme Court ruling could take anything between 2 and 6 years to be released.

Kind regards

Keith

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Maria
Lawyer. Director of the Costaluz Lawyers team. Useful legal tips for an easy way in Spain. www.costaluzlawyers.es

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