Rubén Márquez Rosa y Otros v. Roberto Berríos Falcón

Summary

The Puerto Rico Court of Appeals affirmed a partial summary judgment determining that the boundary between the parties’ properties was the centerline between electrical distribution poles located within a perpetual easement. The court held that the appellants failed to properly controvert the appellee’s statement of undisputed facts or submit supporting evidence under Rule 36 of the Puerto Rico Rules of Civil Procedure. Claims involving alleged damages and other conduct remained pending in the trial court.

Holdings

1. The trial court properly granted partial summary judgment because the appellee supported his proposed material facts with admissible documentary evidence and the appellants failed to specifically controvert those facts with evidence or a compliant statement of disputed facts.
2. The centerline between the electrical distribution poles located in the middle of the perpetual easement was properly recognized as the dividing line between the parties' properties for purposes of the partial adjudication.
3. A formal action for deslinde was not required for the limited partial adjudication because the court was not formally segregating or demarcating adjoining properties; it was identifying the boundary reference supported by the documentary evidence.
4. The partial summary judgment did not adjudicate the parties' damages claims or other unresolved matters; those claims remained pending for continuation of the proceedings.

Questions Presented

1. Whether the trial court properly granted partial summary judgment concerning the line dividing the parties' properties.
2. Whether the appellants' opposition complied with Rule 36.3 and Rule 36.5 by specifically identifying disputed material facts and supporting evidence.
3. Whether the boundary issue required a formal action to establish or demarcate adjoining properties, expert evidence, title evidence, or the participation of indispensable parties.
4. Whether the trial court improperly adjudicated the parties' damages and other unresolved claims.

Disposition

affirmed