Decisão Monocrática Nº 5034276-31.2020.8.24.0000 do Quinta Câmara de Direito Civil, 17-04-2023
Número do processo | 5034276-31.2020.8.24.0000 |
Data | 17 Abril 2023 |
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 |
Agravo de Instrumento Nº 5034276-31.2020.8.24.0000/SC
AGRAVANTE: SOCIEDADE RECREATIVA E CULTURAL UNIDOS DA COLONINHA AGRAVADO: CARLOS ALBERTO SILVEIRA SCHNEIDER
DESPACHO/DECISÃO
Trata-se de agravo de instrumento interposto pela SOCIEDADE RECREATIVA E CULTURAL UNIDOS DA COLONINHA contra a decisão proferida pelo 2ª Vara Cível da comarca da Capital que, nos autos da Ação de execução de título extrajudicial nº 0302114-79.2016.8.24.0082, autorizou a consulta, o arresto e a penhora mediante o sistema BACENJUD, nos CNPJ do executado de números 10.477.660/0001-11 e 76.276.716/0001-88, bem como do terceiro [Prefeitura Municipal de Florianópolis], cnpj 82.892.282/0011-15 (evento 215, DEC297).
Através de consulta aos autos originários, foi constatado que juízo a quo julgou extinto o processo, pela satisfação da obrigação, com fundamento nos arts. 924, inciso II e 925, ambos do CPC, o que enseja a perda do objeto do recurso (evento 407, SENT1).
Portanto, tal fato acarreta a extinção do processo, sem resolução de mérito.
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;
Ante o exposto, não conheço do recurso, por estar manifestamente prejudicado, de conformidade com o disposto no art. 932,...
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