Court Order: Denial of nullity motion by Agroprocesos

On February 1, 2017, the First Civil Court of Guatemala ruled on a nullity motion filed by Agroprocesos Avícolas, S.A. The motion challenged the court’s earlier decision dated December 6, 2016, which had revoked precautionary measures previously imposed against Lisa, S.A. Agroprocesos argued that this revocation was procedurally flawed because they were not granted a five-day period to respond before the measures were lifted and that doing so violated due process rights under Guatemalan law.

The court found no merit in the nullity motion, concluding that the legal grounds for revoking the measures—namely, the expiration of the required financial guarantee—had been properly evaluated. Furthermore, the court noted that the party had been duly warned about the requirement to maintain the guarantee and that no further audience was mandated under procedural rules. Thus, the nullity motion was denied, and the revocation of precautionary measures stood.