Decisão Monocrática N° 07018482020218070019 do Tribunal de Justiça do Distrito Federal e dos Territórios, 20-09-2022
| Juiz | CARMEN BITTENCOURT |
| Número do processo | 07018482020218070019 |
| Data | 20 Setembro 2022 |
| Órgão | 1ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete da Desembargadora Carmen Bittencourt Número do processo: 0701848-20.2021.8.07.0019 APELAÇÃO CÍVEL (198) APELANTE: ESPOLIO DE SONIA MARIA NETO REPRESENTANTE LEGAL: SONIA JACIARA NETO PONTES APELADO: CONSORCIO NACIONAL VOLKSWAGEN - ADMINISTRADORA DE CONSORCIO LTDA DECISÃO Trata-se de apelação interposta pelo Espólio de SONIA MARIA NETO contra a sentença exarada sob o ID 38298830, pela qual o d. Magistrado de primeiro grau julgou procedente a pretensão deduzida na inicial da ação de obrigação de fazer, ajuizada em desfavor de Consórcio NACIONAL VOLKSWAGEN ? ADMINISTRADORA DE Consórcio LTDA. (CNVW), para condenar a ré a dar quitação da obrigação referente ao consórcio do grupo/cota n. 91345/344-08. Em contrarrazões (ID 38298846), o apelado suscitou, preliminarmente: (i) violação ao princípio da dialeticidade recursal; (ii) inovação recursal; (iii) ilegitimidade passiva. Sustentou que a recorrente limitou-se a atacar os critérios de fixação de restituição de um valor supostamente pago para liquidação do contrato, o que sequer foi ventilado na inicial (...). Intimado para se manifestar acerca das preliminares suscitadas em contrarrazões, o apelante apresentou a petição de ID 39082175, na qual manifesta interesse em desistir do recurso, em razão do reconhecimento, em outro processo (autos n. 0701012-47.2021.8.07.0019), do direito do espólio a ter restituída a quantia. Pugna...
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