Acórdão do Tribunal de Justiça do Estado do Espírito Santo - PRIMEIRA CÂMARA CÍVEL (Processo 0004668-26.2016.8.08.0011), 24/07/2018
| Data de publicação | 02 Agosto 2018 |
| Número do processo | 0004668-26.2016.8.08.0011 |
| Data | 24 Julho 2018 |
| Classe processual | Embargos de Declaração Ap |
| Tribunal de Origem | CACHOEIRO DE ITAPEMIRIM - 3ª VARA CÍVEL |
| Órgão | Primeira câmara cível |
EMBARGOS DE DECLARAÇÃO NA APELAÇÃO Nº 0004668-26.2016.8.08.0011
EMBARGANTE: CRISTIANO HEHR GARCIA
EMBARGADO: BANCO BMG S. A. E ADVOCACIA BELLINATI PEREZ
RELATOR: D ES. SUBST. VICTOR QUEIROZ SCHNEIDER
EMENTA: EMBARGOS DE DECLARAÇÃO OMISSÃO PREPARO EM DOBRO NÃO COMPROVADO RECURSO DE APELAÇÃO NÃO CONHECIDO RECURSO DESPROVIDO.
1. Se a tese suscitada pela parte é enfrentada pelo acórdão, não há omissão a ser sanada.
2. O recorrente deverá comprovar a realização do preparo no ato de interposição do recurso. Não realizado ou não comprovado o recurso, deverá igualmente comprovar o recolhimento do preparo em dobro.
3. A alegação de recolhimento das custas recursais sem a oportuna comprovação não é suficiente para admissão do re curso de apelação.
4. Recurso desprovido.
VISTOS, relatados e discutidos estes autos, ACORDAM os Desembargadores que integram a Primeira Câmara Cível do Tribunal de Justiça do Estado do Espírito Santo, na conformidade da ata e notas taquigráficas, À UNANIMIDADE DE VOTOS, NEGAR PROVIMENTO AO RECURSO, nos termos do voto do Eminente relator .
Vitória-ES, 24 de julho de 2018.
PRESIDENTE
RELATOR
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