Requests confirmation of order upholding counterclaim

On October 29, 2025, counsel for LISA, S.A. filed an appellate brief before the First Civil and Commercial Chamber of the Court of Appeals of Guatemala asking the tribunal to uphold the lower court’s ruling of March 5, 2025. That ruling had rejected two preliminary defenses raised by Inversiones Torre Nova, S.A. against LISA’s reconvention: (i) lack of legal representation, and (ii) lack of fulfillment of a condition to exercise the asserted right. The brief explains that LISA, S.A. was duly represented by attorney Tito Enoc Marroquín Cabrera under a mandate properly executed in 1999 and registered in the General Protocols Archive and the Mercantile Registry, producing full evidentiary value under Guatemalan civil procedure rules. It further stresses that Torre Nova itself relied on that same mandate to notify and sue LISA, S.A. in 2012, so it cannot now deny its validity without acting against its own prior conduct (venire contra factum proprium) and breaching procedural good faith.

LISA, S.A. also refuted Torre Nova’s second grievance, namely that LISA’s reconvention for damages and expenses would be “conditional” on the outcome of the principal claim. The brief clarifies that LISA’s counterclaim rests on current, already-occurring harms caused by Torre Nova’s repeated, baseless and burdensome litigation, which has forced LISA, S.A. to incur defense costs and has affected it economically and reputationally. Because those damages are present and not future, they cannot be excluded through a preliminary exception under article 116 of the Code of Civil and Commercial Procedure; they must instead be decided in the final judgment. For that reason, LISA, S.A. asks the appellate court to declare Torre Nova’s appeal unfounded, to confirm in full the order of March 5, 2025, and to order Torre Nova to pay appellate costs.