Order: Denies Administradora’s motion challenging BDT’s co-party role


Overview
On April 2, 2024, the Fifteenth Civil Court of First Instance in Guatemala denied a motion by Administradora de Restaurantes, S.A. seeking to revoke the March 21 order that admitted BDT Investments Inc. as a third-party co-litigant. Administradora argued that BDT’s representative, Rossana Mishelle Ramírez Paredes, had a conflict of interest because she served as both notary and representative for BDT, and that the foreign transaction protocolized in Guatemala was invalid under national and international law.
The court rejected these arguments, holding that the notarization was legally valid, properly registered in the Protocol Archive, and did not violate the prohibition under Article 77 of the Notarial Code. It confirmed that BDT was admitted solely as a third-party co-litigant, not a substitute for Lisa, S.A., and found no procedural or substantive violations. The revocation request was denied, and the March 21 resolution remained in force.