Claim of Procedural Abuse by Las Margaritas
Avícola Las Margaritas, S.A.
C. 01044-2022-00409
Summary
This is a summary proceeding filed by Avícola Las Margaritas, S.A. against Lisa, S.A.. The plaintiff alleged that Lisa abused its shareholder rights by filing multiple lawsuits, amparos, and criminal complaints in Guatemala, the U.S., and Panama with the intent to harm Avícola Las Margaritas. The action sought a declaration of abuse of rights and compensation for alleged damages.
Decisions
Avícola Las Margaritas requested a declaration that Lisa abused its shareholder rights and caused damages through excessive litigation. Lisa raised multiple defenses, including lack of standing, lack of causal link, and prescription.
The court upheld Lisa’s peremptory exceptions, finding that Avícola Las Margaritas failed to prove standing, failed to demonstrate damages, and attempted to claim rights belonging to others.
The lawsuit was dismissed in its entirety and both parties were exempted from costs.
Avícola Las Margaritas appealed, arguing that the trial judgment contained contradictions and improperly accepted Lisa’s defenses. Lisa defended the judgment, emphasizing that Avícola failed to prove any damages or direct harm.
The Court of Appeals confirmed the lower court’s judgment, reiterating that Avícola had no direct standing, failed to prove damages, and that Lisa acted within its shareholder rights.
The dismissal of Avícola’s abuse-of-rights and damages lawsuit against Lisa became final.
Conclusion
The lawsuit by Avícola Las Margaritas against Lisa was dismissed at trial and the dismissal was confirmed on appeal. The courts found that Avícola lacked standing, failed to prove damages, and could not show that Lisa’s actions constituted abuse of rights. The outcome strengthens Lisa’s position as shareholder and confirms that its prior legal actions were within its rights.