Appeal Ruling: Appeals court upheld dismissal for Reproductores

On August 17, 2021, the First Civil and Commercial Appeals Court of Guatemala dismissed the appeal filed by Reproductores Avícolas, S.A., thereby confirming a lower court's decision to reject its damages lawsuit against Lisa, S.A. The court upheld two key preliminary defenses raised by Lisa, S.A.: that the lawsuit was procedurally defective, and that the claims were time-barred under the one-year statute of limitations set forth in Article 1673 of the Civil Code.

The Appeals Court determined that the plaintiff failed to provide the documentary evidence required by procedural law and that the damages stemmed from commercial disputes governed by a shareholders agreement mandating summary proceedings. It also ruled that the legal deadline for filing had passed, since Reproductores Avícolas was aware of the alleged harm as early as April 4, 2011. As a result, Lisa, S.A. prevailed, and Reproductores Avícolas was ordered to pay legal costs for the appeal.