Appeal Ruling

On July 9, 2025, the First Superior Tribunal issued its Appeal Ruling in Case File No. 83573-21, partially modifying Judgment No. 71 of January 31, 2025. The court reviewed the appeals submitted by Lisa, S.A. and BDT Investments Inc. and the opposition filed by Juan Luis Bosch Gutiérrez. After analyzing the record, the Tribunal held that Lisa lacked active standing because it had already assigned its litigation rights to BDT in February 2020, an assignment later judicially approved in April 2022. It also affirmed the lower court’s conclusion that Bosch lacked passive standing, reasoning that any obligation to account rested with Villamorey, S.A., rather than Bosch personally. Consequently, the Tribunal confirmed the dismissal of the Special Summary Accounting Proceeding and the denial of BDT’s intervention.

The Tribunal nevertheless found that the lower court erred in imposing $40,000 in costs against Lisa. It held that although Lisa’s arguments were ultimately unsuccessful, they were not made in bad faith, abusive conduct, or negligence as required by Articles 1071 and 1072 of the Judicial Code. The ruling therefore exonerates Lisa from the cost order but maintains the remainder of the judgment in full, leaving the accounting claim dismissed and BDT excluded from the proceeding.