Amparo Ruling: Confirms denial; accumulation revocation upheld

On October 17, 2018, Guatemala’s Constitutional Court decided the appeal in Amparo Case 2611-2018 brought by Compraventa de Productos Alimenticios, S.A. against the Third Civil and Commercial Appellate Chamber. The challenged act was that Chamber’s September 20, 2016 ruling granting Lisa, S.A.’s appeal and revoking a first-instance order that had accumulated two separate “opposition to exclusion of shareholder” suits (one involving Compraventa and another involving Avícola Las Margaritas). The Court held there was no due-process “agravio” remediable by amparo.

The Court reasoned that, although the disputes were similar, each corporation’s statutes, assemblies, and factual bases must be analyzed independently; therefore, there was no obligation to try them together or decide them in a single judgment. It confirmed the lower court’s denial of amparo as “notoriamente improcedente” and declared the appeal “sin lugar,” leaving in force the revocation of the accumulation. Costs were imposed on Compraventa and a Q1,000 fine on its attorney.