Processo Civil
Páginas | 40-41 |
Page 40
Decisão monocrática. Agravo de instrumento. Ação de execução. Avaliação. Impugnação ao laudo apresentado pelo avaliador judicial. Pedido de nova avaliação. Desnecessidade. Com base no disposto no artigo 683 do CPC depreende-se que a repetição da avaliação é medida excepcional. No caso concreto, não há elementos suficientes capazes de retirar a credibilidade, presunção de experiência e conhecimento técnico que detém o perito designado pelo Magistrado. (TJ/RS - Ag. de Instrumento n. 70014939573 - Comarca de Veranópolis - 13a. Câm. Cív. - Ac. unân. - Rel: Desa. Angela Terezinha de Oliveira Brito - j. em 17.04.2006Fonte: DJ/RS, 28.04.2006).
Apelação cível. Ação de prestação de contas. Incompetência absoluta. Prescrição. Inexistência de fundamentação ao fixar os honorários advocatícios. 1. O correntista que tem depósito de conta de FGTS com instituição financeira tem o direito de exigir a prestação de contas. 2. Compete a justiça estadual o processamento de ação de prestação de contas, vez que a ação não foi proposta contra instituição financeira privada, a qual não possui foro privilegiado junto à Justiça Federal. 3. Aplicase a Súmula 210 do STJ quanto à prescrição, por tratar-se de cobrança de contribuição para o FGTS que prescreve em trinta anos. 4. A ausência, de declinação das razões que levaram ao valor fixado a titulo de honorários não causa nulidade da sentença, dado se constituir mera irregularidade, podendo o tribunal reavaliar a questão. Recurso conhecido e...
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