Legal Definitions - super attentatis aut innovatis lite dependente

Super attentatis aut innovatis lite dependente is a Latin legal phrase that refers to actions or changes made by one party during the time a lawsuit is actively ongoing, which might affect the subject matter of the dispute or the rights of the other parties. Essentially, it concerns things attempted or introduced while the litigation is pending, often implying that these actions were taken without proper court approval and could potentially prejudice the outcome or the other side.

Here are some examples to illustrate this concept:

• Real Estate Boundary Dispute: Imagine two neighbors are involved in a lawsuit to determine the exact boundary line between their properties. While the court case is still pending, one neighbor decides to build a new shed or erect a fence on a portion of the land that is actively disputed.

  This action would be considered super attentatis aut innovatis lite dependente because the neighbor introduced a new structure (an "innovatis") on the disputed land "lite dependente" (while the lawsuit is pending). This unilateral change could complicate the court's ability to resolve the boundary dispute fairly, as it alters the status quo of the property in question.

• Business Partnership Dissolution: Two business partners are in court seeking to dissolve their partnership and divide the company's assets. During the litigation process, one partner, without the court's permission or the other partner's agreement, sells off a significant piece of company equipment or transfers a major client contract to a new entity they secretly formed.

  These actions—selling assets or transferring contracts—are "attentatis aut innovatis" (things attempted or introduced) "lite dependente" (while the lawsuit for dissolution is pending). Such actions directly impact the assets and liabilities that are the subject of the lawsuit, potentially making it impossible for the court to fairly divide the partnership's property and prejudicing the other partner.

• Child Custody Modification: A divorced couple is back in court seeking to modify their existing child custody agreement due to changed circumstances. While the court is reviewing the case and before a new order is issued, one parent decides to enroll the child in a school district in a different state and begins making plans to move there permanently, without informing the court or the other parent.

  This significant change in the child's living and educational situation is an "attentatis aut innovatis" (an attempted change) made "lite dependente" (while the custody modification case is pending). Such a move directly impacts the child's best interests and the very issues the court is trying to resolve, potentially undermining the court's authority and prejudicing the other parent's rights to custody and visitation.