District court judgment against defendant for overdue demurrage owed to plaintiff is reversed where: 1) Puerto Rico Commerce Code Article 947's 180-day limitations period applies to plaintiff's claim for overdue demurrage charges on international shipments to Puerto Rico; and 2) the court did not err in failing to apply the laches presumption, as the parties offered scant facts relevant to such an inquiry and the parties consented to judgment based on the stipulation.
APPEAL from a judgment of the United States District Court for the District of Puerto Rico.
Decided: June 26, 2009
Before Torruella, Selya, and Leval, Circuit Judges
Opinion by Torruella, Circuit Judge.
For Appellant: Paul E. Calvesbert.
For Appellee: Luis R. Rivera-González.