Cassation Ruling

On July 18, 2025, the Civil Chamber of the Supreme Court dismissed the cassation filed by Avícola Las Margaritas, S.A. against the Fifth Civil and Commercial Court of Appeals’ ruling that upheld the dismissal of its abuse-of-rights lawsuit against Lisa, S.A. The Court held that Avícola failed to properly articulate the legal theses required for cassation review, particularly regarding alleged errors of law and fact in the assessment of evidence. The Chamber emphasized that the petitioner did not individually analyze each challenged document, did not clearly identify the alleged valuation errors, and did not show how such errors would modify the result.

The Court further explained that the cassation arguments were contradictory—claiming both omission and incorrect valuation of the same evidence—and lacked the logical, structured, and rule-based reasoning required by Article 621 of the Civil and Commercial Procedure Code. Regarding the alleged error of fact, the petitioner did not specify whether the supposed error was omission or distortion and did not explain how the flaw occurred. Because these defects could not be corrected ex officio, the Supreme Court declared the cassation improper and dismissed it, imposing costs and a Q100 fine on Avícola Las Margaritas, S.A.