Claim of Procedural Abuse by Las Margaritas
C. 01044-2022-00409 • Eighth Civil Court • Guatemala
Claim of Procedural Abuse by Las Margaritas
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 lawsuits, amparos, and criminal complaints in Guatemala, the U.S., and Panama. Avícola claimed these actions were malicious and intended to harm its interests. The suit 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 assert rights belonging to others.
The lawsuit was dismissed in its entirety and both parties were exempted from costs.
Court dismissed abuse claim by Las Margaritas
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 damages, causation, or direct legal 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’s actions fell within its lawful rights as shareholder.
The dismissal of Avícola’s abuse-of-rights and damages lawsuit against Lisa was affirmed.
Lisa defended trial win over Las Margaritas
Avícola argued that the Court of Appeals committed errors of law and fact in assessing evidence related to alleged abuse of rights by Lisa. The cassation claimed improper valuation of criminal complaints, amparos, and a U.S. lawsuit.
The Supreme Court dismissed the cassation because Avícola failed to satisfy the technical requirements for cassation review. The Court found that Avícola did not formulate the required legal theses, did not clearly identify alleged errors, and presented contradictory and incomplete arguments. The dismissal left the appellate and trial rulings fully intact.
The cassation filed by Avícola Las Margaritas was dismissed with costs and a monetary fine.
Supreme Court rejects challenge over evidence errors
Conclusion
The lawsuit by Avícola Las Margaritas against Lisa was dismissed at trial, the dismissal was affirmed on appeal, and the Supreme Court ultimately rejected Avícola’s cassation. The courts consistently found that Avícola lacked standing, failed to prove damages, and could not show that Lisa’s prior legal actions constituted abuse of rights. The final result confirms that Lisa acted within its rights as shareholder and that Avícola’s claims were unfounded.