Decisão Monocrática Nº 5006350-12.2019.8.24.0000 do Quinta Câmara de Direito Civil, 22-01-2021
Número do processo | 5006350-12.2019.8.24.0000 |
Data | 22 Janeiro 2021 |
Tribunal de Origem | Tribunal de Justiça de Santa Catarina |
Órgão | Quinta Câmara de Direito Civil |
Classe processual | Agravo de Instrumento |
Tipo de documento | Decisão Monocrática |
AGRAVANTE: KELLER E ALVAREZ ADMINISTRADORA DE CONDOMINIOS LTDA AGRAVADO: SUL BRASIL FUNDO DE INVESTIMENTO EM DIREITOS CREDITORIOS ABERTO MULTISSETORIAL AGRAVADO: PRAIATUR PARTICIPACOES LTDA AGRAVADO: PRAIATUR - HOTELARIA E RESTAURANTES LTDA - EPP AGRAVADO: CREDIVEL SECURITIZADORA S.A.
DESPACHO/DECISÃO
Trata-se de agravo de instrumento interposto por KELLER E ALVAREZ ADMINISTRADORA DE CONDOMINIOS LTDA contra a decisão proferida pelo juízo da 5ª Vara Cível da comarca de Florianópolis que, nos autos da ação de revisão de contrato c/c obrigação de não fazer (com pedido de tutela de urgência antecipada) nº 55007090-95.2019.8.24.0023, ajuizada contra PRAIATUR PARTICIPACOES LTDA e OUTROS, ora agravados, indeferiu a tutela de urgência (evento 7 dos autos de origem).
Com efeito, o art. 932, III, do Código de Processo Civil, ao tratar dos poderes conferidos ao relator, dispõe que o recurso não será conhecido quando manifestamente prejudicado:
Art. 932. Incumbe ao relator:I - [...]II - [...]III - não conhecer de recurso inadmissível, prejudicado ou que não tenha impugnado especificamente os fundamentos da decisão recorrida;
Através de consulta aos autos originários, foi constatado que juízo a quo, julgou parcialmente procedentes os pedidos formulados na inicial e julgou improcedente a reconvenção da Credival Securitizadora S/A, com fulcro no art. 487, I, do CPC, o que enseja a perda do objeto do recurso (evento 33 dos autos de origem).
Por conseguinte, tal fato...
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