Order: Court dismissed dividend case by Reproductores

On December 3, 2020, the Eleventh Civil Court of First Instance accepted a revocation motion filed by Lisa, S.A. and annulled the admission of an ordinary civil lawsuit submitted by Reproductores Avícolas, S.A. (formerly Escobio, S.A.). Lisa argued that Reproductores had filed a nearly identical case in 2017, which had already been declared inadmissible, and that the new claim disregarded a prior judicial order requiring the case to proceed as a summary proceeding. The court agreed, holding that the ordinary process was procedurally improper.

The court emphasized that the dispute concerned unpaid dividends declared in several shareholder meetings and that, according to Guatemalan commercial law, such matters between corporations must be handled as summary commercial proceedings. Because Reproductores did not attach the company charter—a document critical to evaluating payment terms—the claim was deemed improperly filed. The court revoked its earlier acceptance, rejected the lawsuit outright, and ordered the return of all submitted documents to the plaintiff.