Appeal Regarding Costs of Withdrawn Injunctive Relief in Divorce Proceedings

The matter concerned an appeal against a decision that held the costs of a withdrawn request for injunctive relief, filed within divorce proceedings under the provision for provisional measures, should be merged with the main case costs. The appellate court determined that the injunctive relief sought—to enforce compliance with a prior agreement regarding the division of earnings from a specific license—was fundamentally a dispute concerning contractual or corporate rights between the parties or involving a third party (the licensing entity), and therefore constituted a claim related to assets/demands rather than family maintenance under the relevant provision. The court reasoned that the court handling provisional measures in divorce proceedings lacks the authority to definitively rule on such disputed claims or to compel compliance with contract terms, meaning the request fell outside its jurisdiction, thus requiring the costs of that specific, misplaced proceeding to be assessed separately from the main divorce action.