Appeal Ruling: Court of Appeals rejected appeal by Administradora

On August 31, 2023, the First Chamber of the Civil and Commercial Court of Appeals ruled in favor of Lisa, S.A. by rejecting the appeal filed by Administradora de Restaurantes, S.A., successor to Distribuidora Avícola del Norte, S.A. The appeal was filed against a February 6, 2023 order that upheld Lisa’s jurisdictional objection. However, the appellate court declined to examine the appeal because the plaintiff failed to state any specific legal arguments or “agravios” required under Guatemalan procedural law.

The ruling emphasized that without a clear expression of legal grievances, the appellate court has no authority to review the lower court’s decision. The court noted that despite being granted an opportunity to elaborate its claims, Administradora de Restaurantes did not comply. As a result, the original ruling that accepted Lisa’s objection and dismissed the lawsuit remains in full force.