Motion (Appeal 251-2025)

On October 27, 2025, Lisa, S.A.’s counsel filed a brief before the Second Chamber of the Civil and Commercial Court of Appeals (appeal No. 251-2025), requesting that the Chamber reject the appeal by Alimentos para Animales, S.A. and confirm the September 4, 2024 order of the Seventh Civil Court of First Instance.

Lisa, S.A. argues that the lower court correctly denied the appellant’s request for caducidad de la instancia (lapse for inactivity) because, when invoked, the case was already “in a state of decision,” meaning further action depended solely on the judge. Under article 589(1) of the Guatemalan Code of Civil and Commercial Procedure, caducidad cannot apply in such circumstances.

Citing legal doctrine and a Constitutional Court ruling (Exp. 7840-2023), Lisa, S.A. adds that parties cannot be penalized for court delays. The appellant’s restrictive reading of “estado de resolver,” limited to final judgments, contradicts both article 589 and the principle of effective judicial protection. Lisa, S.A. therefore requests the appeal be denied, the 2024 order confirmed, and costs awarded against the appellant.