The mere invocation of the existence of a procedural defect or inadequacy of an act, is insufficient to obtain a declaration of invalidity , debiéndose express the damages and the interest sought to be correct with his statement. Also, the words express precisely the defenses that he was deprived of raising is essential for origin the declaration of nullity. Both budgets must be convincingly demonstrated, as the nullity proceedings are relative, and his statement does not apply when one is requested in the sole interest of the law, or to satisfy simple formal itching. In this case, must declare the nullity of acts done since the opening test, because the defendant was not notified by ballot the resumption of the terms after mediation, or opening the case to trial, resulting not valid the plaintiffs' argument about the acts are condoned by the defendant as the insurer was notified of the opening test, because it appeared on their declining the defense of the insured defendant. The harm suffered is unable to control the test of the counter and produce their own test
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