Amparo 1022-19

On June 24, 2020, the Plenary of the Supreme Court of Justice issued a ruling denying the constitutional amparo filed by Villamorey, S.A. The amparo challenged the July 12, 2019 decision of the First Superior Tribunal, which had declined to hear Villamorey’s attempted appeal against Order 2277-2018. That order—issued by the Eleventh Civil Court—denied Villamorey’s request for judicial auction and instead required the execution of the judgment through compensation using dividends belonging to Lisa, S.A. and retained by Villamorey anywhere in the world. Villamorey argued that the Superior Tribunal violated its due-process rights by refusing to hear the appeal.

The Supreme Court held that Order 2277-2018 was not an appealable decision within the framework of an execution proceeding. After analyzing Article 1131 of the Judicial Code, the Court determined that the order did not fall within the categories of resolutions subject to appeal in execution matters. As a result, the Superior Tribunal acted correctly in declining jurisdiction, and there was no violation of constitutional guarantees. The Court therefore denied Villamorey’s amparo in full, upholding the legality of enforcing compensation with Lisa, S.A.’s dividends as ordered in 2018.