Damages Lawsuit by Reproductores Avícolas
C. 01044-2012-00279 • Thirteenth Civil Court • Guatemala
Damages Lawsuit by Reproductores Avícolas
This is an ordinary civil lawsuit. Reproductores Avícolas, S.A. sued Lisa, S.A. seeking damages, alleging that Lisa committed wrongful acts that justified its exclusion as a shareholder and caused financial losses. Lisa denied liability and filed several preliminary exceptions, including defective claim, prescription, lack of condition fulfillment, lack of standing, and caducity.
Decisions
Whether Lisa’s preliminary exceptions barred Reproductores Avícolas’ damages claim.
The court upheld the objections of defective claim and prescription, and ordered Reproductores Avícolas to pay costs.
The damages claim was dismissed at trial as defective and time-barred; Lisa was shielded from liability.
Court dismissed damages claim by Reproductores and Villalobos
Reproductores Avícolas appealed, arguing that the trial court erred in sustaining Lisa’s exceptions of defective claim and prescription.
The Court of Appeals rejected the appeal and confirmed the trial court’s ruling, agreeing that the lawsuit was procedurally defective and prescribed.
The damages claim was definitively dismissed; Lisa remained free of liability. Costs imposed on Reproductores Avícolas.
Appeals court upheld dismissal for Reproductores
Conclusion
Both the trial court and appellate court dismissed the damages lawsuit filed by Reproductores Avícolas against Lisa, S.A. The rulings found the claim was procedurally defective and time-barred, preventing any liability for Lisa.