Amparo

On November 25, 2022, Lisa, S.A. filed an amparo before the First Superior Tribunal alleging that the Eleventh Civil Circuit Court Judge violated its constitutional right to due process by failing to advance the executive proceeding Lisa, S.A. v. Villamorey, S.A. (Case File No. 117030-21). Lisa argues that the judge’s inaction constitutes an unlawful “order of not doing,” because the judge failed to apply Articles 1138(2) and 1640 of the Judicial Code, which clearly state that an appeal filed in devolutive effect does not suspend the execution or the progress of the case. Lisa notes that despite the existence of Order No. 2567, which admitted the executive action and issued a payment mandate, the judge has allowed the process to stagnate.

Lisa asks the Superior Tribunal to grant constitutional protection and order the judge to continue processing the execution, including resolving Lisa’s pending requests for embargo of Villamorey’s assets and appointment of a judicial administrator. Lisa explains that the paralysis has persisted for more than two months, even though Villamorey’s appeal should not interrupt the enforcement process. Lisa warns that this delay undermines legal certainty, affects foreign investment, and contradicts the judiciary’s own prior rulings from 2018 recognizing Lisa’s right to collect unpaid dividends that Villamorey continues to withhold.