Appeal Ruling: Appeals court rejected clarifications by Administradora

Issued on:August 6, 2024
Issued by:Court of Appeals
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Overview

On August 6, 2024, the First Civil and Commercial Appeals Court of Guatemala denied two procedural remedies—clarification and extension—requested by Administradora de Restaurantes, S.A. The company sought to reverse a previous ruling dated May 6, 2024, which upheld the rejection of its claim concerning the statute of limitations for unclaimed dividends.

The court found that the clarification request merely repeated prior arguments already resolved and that the claim lacked clarity and supporting documentation. It also ruled that the extension request was unfounded, as the lower court had already addressed jurisdiction and contractual arbitration clauses. The court concluded that the plaintiff had inconsistently argued its case and reaffirmed the prior ruling in favor of Lisa, S.A.