Acórdão do Tribunal de Justiça do Estado do Espírito Santo - SEGUNDA CÂMARA CÍVEL (Processo 0023258-76.2016.8.08.0035), 19/09/2023
| Número do processo | 0023258-76.2016.8.08.0035 |
| Data | 19 Setembro 2023 |
| Data de publicação | 25 Setembro 2023 |
| Classe processual | Apelação Cível |
| Órgão | Segunda câmara cível |
| Tribunal de Origem | VILA VELHA - 6ª VARA CÍVEL |
EMENTA : APELAÇÃO CÍVEL. PROCESSUAL CIVIL. EXECUÇÃO DE COTAS CONDOMINIAIS. LITISPENDÊNCIA. AÇÃO DE COBRANÇA ANTERIOR EM CURSO. SENTENÇA TERMINATIVA MANTIDA.
1. Nos termos do art. 337, §§1º, 2º e 3º, do CPC/15, há litispendência quando se reproduz ação anteriormente ajuizada, que está em curso, e que possui as mesmas partes, a mesma causa de pedir e o mesmo pedido.
2. Havendo prova da tríplice identidade entre os elementos (partes, causa de pedir e pedido) das ações de Cobrança (ajuizada anteriormente 04.11.2013) e da presente Execução (ajuizada em 14.09.2016), o reconhecimento da litispendência torna-se impositivo.
3. Recurso conhecido e não provido.
Vistos, relatados e discutidos estes autos em que são partes as acima indicadas, acordam os Desembargadores da SEGUNDA CÂMARA CÍVEL do Tribunal de Justiça do Espírito Santo, à unanimidade, conhecer e negar provimento ao recurso.
Vitória (ES),
Desembargador Substituto RODRIGO FERREIRA MIRANDA
Relator
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