Amparo Ruling: Supreme Court rejected amparo by Reproductores

On June 6, 2023, the Supreme Court of Guatemala denied an amparo filed by Reproductores Avícolas, S.A., which sought to annul prior rulings rejecting its claim that Lisa, S.A.'s lawsuit had expired due to inactivity. The amparo challenged the March 9, 2022 appellate decision that upheld a lower court’s finding: the delay was due to pending court notifications, not the parties' inaction. Reproductores Avícolas had argued that the six-month deadline for procedural inactivity had been misapplied, but the Court found no legal error.

The ruling emphasized that caducity only applies when a party—not the court—is responsible for the delay. Because the process stalled due to missed notifications by the judiciary, not because of Lisa’s conduct, the Court found the amparo “notoriously inadmissible.” While no costs were imposed on Reproductores Avícolas, the Court fined its attorney Q1,000 for filing a clearly unwarranted claim. This decision clears the way for Lisa’s case against her shareholder exclusion to proceed.