Decisão Monocrática N° 07074593020208070005 do Tribunal de Justiça do Distrito Federal e dos Territórios, 01-03-2023
Juiz | GISLENE PINHEIRO |
Número do processo | 07074593020208070005 |
Data | 01 Março 2023 |
Órgão | 7ª Turma Cível |
Poder Judiciário da União TRIBUNAL DE JUSTIÇA DO DISTRITO FEDERAL E DOS TERRITÓRIOS Gabinete da Desembargadora GISLENE PINHEIRO DE OLIVEIRA Número do processo: 0707459-30.2020.8.07.0005 Classe judicial: APELAÇÃO CÍVEL (198) APELANTE: BANCO ITAUCARD S.A. REPRESENTANTE LEGAL: ITAU UNIBANCO S.A. REPRESENTANTE LEGAL: MARIA LUZIA GOMES COSTA APELADO: VANDA GOMES DA COSTA DESPACHO Compulsando os autos, nota-se que a tentativa de notificação extrajudicial ocorreu em 17 de agosto de 2020. A presente demanda, por sua vez, foi ajuizada em 30 de setembro de 2020. Verifico que, conforme certidão de óbito juntada aos autos (id. 42381329), a ré VANDA GOMES DA COSTA faleceu em 02 de fevereiro de 2020, ou seja, antes da propositura da ação e da tentativa de notificação extrajudicial. Ademais, como consta do documento de id. 42381240, ao que parece, a notificação extrajudicial sequer chegou a ser entregue no endereço previsto no contrato de alienação fiduciária, pois retornou por motivo ?desconhecido?. Ante o exposto e em respeito ao art. 10 do CPC, faculto ao apelante a possibilidade de se manifestar a respeito de eventual ilegitimidade passiva da ré falecida, bem como sobre a validade da tentativa de notificação extrajudicial. Prazo: 15...
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