Cassation: Lisa opposed cassation by Avícola Las Margaritas

On April 3, 2025, Lisa, S.A. formally opposed the cassation appeal filed by Avícola Las Margaritas, S.A., which sought to reverse two previous rulings that declared Lisa’s exclusion as shareholder invalid. The dispute arose from a 2011 resolution adopted in a General Shareholders’ Meeting of Compañía Alimenticia de Centroamérica, S.A., which excluded Lisa, S.A. as a shareholder. Both the lower court and the appellate court concluded that the exclusion failed to comply with legal requirements, particularly the three-month deadline for initiating such actions under Article 230 of Guatemala’s Commercial Code.

The appellate court upheld the lower court’s decision on June 5, 2024, and rejected the cassation appeal as technically flawed and legally unsupported. The Supreme Court was urged to dismiss the cassation due to multiple procedural defects, including the fact that the underlying trial was a summary proceeding and therefore did not qualify for cassation. The exclusion was deemed null because it was not based on valid legal grounds, and Lisa, S.A. was never directly implicated in the alleged misconduct cited to justify her exclusion.