Cassation Ruling: Supreme Court rejected cassation by Las Margaritas

On February 20, 2023, the Civil Chamber of the Supreme Court dismissed the cassation appeal filed by Avícola Las Margaritas, S.A. against the ruling issued by the Fifth Civil and Commercial Appeals Chamber. The appellant claimed that the lower court had committed factual errors by failing to evaluate two key documents: a forensic accounting certification and the protocolization of foreign litigation records allegedly proving the existence of damages caused by Lisa, S.A. However, the Supreme Court ruled that even if those documents were omitted, they would not have changed the result.

The Court concluded that the accounting certification failed to prove that any losses were actually paid or incurred, and that the foreign court record merely confirmed the existence of another proceeding, not any damage linked directly to Lisa, S.A. It therefore rejected the cassation appeal, condemned Las Margaritas to pay legal costs, and imposed a fine of Q500. This decision brings a definitive end to the damages claim filed by Avícola Las Margaritas, S.A. against Lisa, S.A.