Appeal Ruling: Appeals Court Upheld Revocation of precautionary measures

On August 17, 2017, the First Chamber of the Civil and Commercial Appeals Court of Guatemala ruled on an appeal filed by Agroprocesos Avícolas, S.A., challenging the denial of a nullity motion that sought to overturn the revocation of precautionary measures against Lisa, S.A. The appellant argued that due process had been violated because the lower court lifted the measures without granting a five-day period to renew the financial guarantee, which had expired.

The Appeals Court concluded that the lower court acted within the bounds of procedural law. It affirmed that the guarantee expired on October 8, 2013, and that the prior court had properly notified the plaintiff of the consequences. The court emphasized that precautionary measures and their revocation do not require additional hearings when such conditions are clear. Therefore, the appeal was denied, the previous ruling was upheld, and costs were imposed on the appellant.