Appeal Ruling: Appeals court upheld dismissal for Pollo Rey's lawsuit

On December 18, 2014, the Second Civil and Commercial Appeals Court of Guatemala upheld the dismissal of a damages lawsuit filed by Pollo Rey, S.A. against Lisa, S.A. The court ruled that the right to seek damages was subject to a condition that had not been fulfilled: the final and enforceable exclusion of Lisa as a shareholder. Since that exclusion was still being litigated in another case, the damages claim was deemed premature.

The Appeals Court also rejected Lisa’s additional objections for defective pleading, lack of standing, prescription, and expiration, stating that these were either unfounded or premature. As a result, the first-instance ruling was confirmed in full, and no special costs were imposed on either party.