Cassation Ruling

On August 29, 2025, the Civil Chamber of the Supreme Court of Justice dismissed the cassation appeal filed by Administradora de Restaurantes, S.A. against the appellate judgment that had rejected its claim for damages and losses against Lisa, S.A. The underlying dispute originated in a summary commercial proceeding in which the plaintiff sought compensation for alleged damages arising from acts that also motivated an agreement to exclude Lisa as a shareholder. Both the trial court and the First Civil and Commercial Appeals Chamber concluded that damages could not yet be claimed because the exclusion agreement remained under judicial challenge through a pending opposition proceeding.

The Supreme Court held that the cassation appeal was procedurally inadmissible, as the appellant alleged violation of law by non-application of Articles 1513 and 1673 of the Civil Code without identifying which legal provisions had allegedly been applied incorrectly, nor justifying any doctrinal exception. The Court reaffirmed that non-application and incorrect application of law are complementary cassation sub-motives that must be properly articulated. As a result, the appeal was dismissed in full, costs were imposed on the appellant, and a statutory fine of Q100.00 was ordered.