Appeal 44-2024

On October 24, 2025, the Third Chamber of the Court of Appeals for Civil and Commercial Matters of Guatemala issued its decision in Appeal 44-2024 related to case No. 01042-2012-00139, a summary proceeding filed by Reproductores Avícolas, S.A. against Lisa, S.A. The appeal challenged the January 29, 2020 ruling of the Tenth Civil Court, which had upheld the preliminary exception of “failure to comply with the condition on which the right depends” and declared the proceeding concluded. The lower court had determined that the claim for damages was premature because the separate proceeding contesting Lisa, S.A.’s exclusion as a shareholder had not yet been finally resolved—meaning the exclusion was not yet firm, as required by Articles 228 and 229 of the Guatemalan Commercial Code.

The appellate tribunal rejected all grievances presented by both Reproductores Avícolas, S.A. and Lisa, S.A. It confirmed that Lisa’s exclusion needed to be final before any damages claim could proceed, and it agreed that the first-instance judge had correctly applied the law. The Court of Appeals therefore denied both appeals, affirmed the 2020 order in full, and declined to impose appellate costs on either party due to reciprocal defeat. The ruling effectively maintains that the damages proceeding remains closed, favoring Lisa’s procedural position by preventing further damages litigation.