Appeal Ruling: Appeals court upheld dismissal for Los Abetos

On January 22, 2015, the Second Civil and Commercial Appeals Court of Guatemala confirmed the lower court’s decision to dismiss the damages lawsuit filed by Los Abetos, S.A. against Lisa, S.A. The court upheld the exception that the right to claim damages was subject to a condition that had not been fulfilled: specifically, the final confirmation of Lisa’s exclusion as a shareholder, which was still under legal challenge in a separate proceeding.

The court rejected additional arguments by both parties. Lisa’s objections for defective pleading, lack of standing, prescription, and expiration were dismissed. The court also declined to impose court costs on either side, recognizing that both parties had only partially succeeded. It held that responsibility for procedural costs should be split.