Cassation Ruling: Supreme Court rejected cassation by Pollo Rey

On September 21, 2015, the Civil Chamber of the Supreme Court of Justice of Guatemala dismissed the cassation appeal filed by Pollo Rey, S.A. against Lisa, S.A. The cassation challenged an appellate decision that upheld the dismissal of Pollo Rey’s damages suit. The Court found that the appeal failed to comply with technical requirements and was improperly argued, particularly in its handling of legal submotives.

Specifically, the Court held that Pollo Rey did not clearly explain how the lower courts misapplied Article 1648 of the Civil Code or wrongly interpreted Article 228 of the Commercial Code. The Court concluded that since Lisa’s exclusion as shareholder was still being legally contested, the damages claim was premature. As a result, the cassation was dismissed, and Pollo Rey was ordered to pay Q500 in fines and court costs.