Damages Lawsuit by Avícola Las Margaritas
C. 01045-2012-00210 • First Civil Court • Guatemala
Damages Lawsuit by Avícola Las Margaritas
This is an ordinary civil lawsuit. Avícola Las Margaritas, S.A. (successor of Compañía Alimenticia de Centroamérica, S.A.) sued Lisa, S.A. seeking damages, alleging that Lisa’s litigation and shareholder actions caused harm. Lisa denied liability and filed a counterclaim also seeking damages, arguing that Avícola’s lawsuit was abusive and harmful to its rights as shareholder.
Decisions
Whether Avícola Las Margaritas proved damages caused by Lisa’s conduct; whether Lisa’s counterclaim for damages was admissible.
The court dismissed Avícola Las Margaritas’ damages claim, finding no sufficient evidence of harm attributable to Lisa. It also dismissed Lisa’s counterclaim on procedural grounds.
Neither party prevailed; both claims were rejected.
Court dismissed damages claim by Las Margaritas
Avícola Las Margaritas appealed the dismissal of its claim; Lisa appealed the rejection of its counterclaim.
The appellate court confirmed the trial judgment in full. It upheld the dismissal of Avícola Las Margaritas’ damages claim and maintained the rejection of Lisa’s counterclaim.
The dismissals became final; the lawsuit concluded without damages awarded to either side.
Appeals court upheld dismissal for Las Margaritas
Avícola Las Margaritas pursued a cassation appeal against the appellate decision.
The Supreme Court dismissed the cassation in limine, finding it procedurally inadmissible.
The appellate decision remained firm; the lawsuit was definitively closed.
Supreme Court rejected cassation by Las Margaritas
Conclusion
Avícola Las Margaritas’ damages lawsuit against Lisa, S.A. was dismissed in both first instance and appeal for lack of proof. Lisa’s counterclaim was also dismissed on procedural grounds. The Supreme Court closed the case after rejecting cassation filed by Las Margaritas.