Motion

On November 5, 2025, Lisa, S.A. responded to Villamorey, S.A.’s ordinary lawsuit seeking the absolute nullity of a legal act and public deed that formalized, in Guatemala on January 22, 2024, Auto No. 898 issued by the Twelfth Civil Circuit Court of Panama approving an agreement between Lisa, S.A. and BDT Investments Inc. Lisa argued that Villamorey lacks standing and a current legal interest to challenge the protocolization. As the protocolized document had no effect on Villamorey’s rights, the company cannot invoke Civil Code article 1302 or Civil and Commercial Procedural Code articles 49 and 51 to seek its nullity.

Lisa also raised five peremptory exceptions and requested that the claim be dismissed: (1) failure to meet essential requirements for nullity; (2) lack of active legal standing; (3) improper action, as the protocolization complied with article 39 of the Judicial Branch Law and article 63-64 of the Notarial Code; (4) no legal grounds to annul a merely instrumental act; and (5) any defect being only a relative irregularity under Civil Code articles 1304–1309. Lisa asked the Thirteenth Civil Court of First Instance to reject the lawsuit in limine, uphold the validity of the protocolization giving evidentiary force to the Panamanian agreement, and order Villamorey, S.A. to pay costs for filing an unfounded nullity action.