Order: Court dismissed abuse claim by Las Margaritas

Issued on:February 7, 2024
Issued by:Eighth Civil Court
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Overview

On February 7, 2024, the Eighth Civil Court of Guatemala issued a ruling dismissing the lawsuit filed by Avícola Las Margaritas against Lisa, S.A. for alleged abuse of rights and damages. Represented by Paola Arana Estrada, Lisa, S.A. successfully argued three peremptory exceptions: lack of the legal elements constituting abuse of rights, lack of standing by the plaintiff, and lack of standing by the defendant. These objections were upheld, leading to the full dismissal of the claim.

The court also rejected Lisa, S.A.'s additional defenses concerning the statute of limitations and a general denial of the complaint. With both sides experiencing partial success on various points, the court opted not to assign legal costs to either party. The decision effectively ends this summary proceeding, affirming that Avícola Las Margaritas failed to substantiate its claims in law and fact.