MIAMI, Dec. 26, 2013 /PRNewswire/ – The Eastern Caribbean Supreme Court of Antigua and Barbuda dismissed an order sought by Davos International Bank against its ex-partners and ex-directors, Rodrigo Fernandez and Andres Omar Sotillo, due to grave failures in following the required legal procedure, including concealing judicial information, according to the judgment issued by the Court last December 6th.
Davos International Bank’s order was reversed by the highest court of Antigua and Barbuda, based upon the argument that the bank managed by David Osio did not meet the established legal procedures to serve the complaint and that it deliberately concealed the existence of a legal action against it filed by the Defendants before a US Court.
Davos International Bank’s complaint in Antigua and Barbuda also included the Bank’s former employees Jose Daniel Carrillo and Osleidys Estrada, who just as Fernandez and Sotillo had their responsibility in this Caribbean jurisdiction eliminated once the order was vacated.
Fernandez and Sotillo’s attorney, Michael Diaz, explained that that the Supreme Court’ decision was caused by the Defendants showing that Davos International Bank and its directors failed to serve the complaint pursuant to the applicable laws; and that the affidavits it submitted proved that the service of the complaint was “incomplete and ineffective.”
Additionally, the Fernandez and Sotillo’s attorneys stated that Davos International Bank “failed to reveal the existence of a previous legal action in Miami, in which Fernandez and Sotillo sued their former partner David Osio and Davos International Group, for different causes of actions including the commission of fraud.”
The highest court of Justice of Antigua and Barbuda also ordered Davos International Bank to cover the legal expenses incurred by the defendants to obtain the dismissal of the prior order.
As opposed to the false information provided by Davos International Bank in the press release dated October 14, 2013, the complaint of David Osio and Davos International Bank in Antigua is only a civil claim filed as a “defensive tactic” against Sotillo & Fernandez’s complaint which is moving forward in a Miami Court where it has been litigated favorably for more than two years.
The attorneys have also stated that the decision of the Supreme Court of Antigua and Barbuda ratified the lack of existence of any legal culpability determination in that court against Fernandez, Sotillo, Carrillo and Estrada.