Cassation: Lisa appealed ruling in dividend case by Reproductores

On July 23, 2025, Lisa, S.A. filed a cassation appeal before the Supreme Court of Justice of Guatemala, seeking to overturn a judgment that declared its right to receive dividends from Reproductores Avícolas, S.A. as prescribed. The disputed ruling—issued by the Fifth Civil Appeals Court on June 26, 2024—reversed a 2023 first-instance judgment favorable to Lisa. The Appeals Court claimed that the five-year prescription period began in 2012, despite no formal notice being issued by Reproductores Avícolas about how and when dividends would be paid.

Lisa asserts that the Appeals Court committed legal and factual errors by disregarding the lack of enforceability of the obligation and misapplying the law on prescription. According to Lisa, the payment obligation only becomes enforceable when the shareholder is formally notified of the terms of payment—something Reproductores Avícolas never did. Lisa now seeks to restore the March 28, 2023 ruling, which properly denied the prescription defense and preserved its right to collect unpaid dividends.