Opposition to Exclusion by Reproductores Avícolas
Reproductores Avícolas, S.A.
C. 01043-2011-00112
Summary
Lisa, S.A. filed a summary opposition lawsuit to challenge its exclusion as a shareholder of Reproductores Avícolas, S.A. During the proceedings, Reproductores sought to terminate the case by alleging caducidad (expiration of the trial stage due to inactivity). Courts at all levels ruled against Reproductores, confirming that the delays were attributable to the court itself, not to Lisa.
Decisions
Whether the opposition lawsuit had expired by caducidad after more than six months of inactivity.
The court rejected the caducidad incident, explaining that pending notifications prevented the case from being considered inactive.
Lisa’s opposition lawsuit continued; Reproductores appealed.
Reproductores appealed the rejection of caducidad.
The appellate court denied the appeal, confirming that there was no caducidad because the delays were caused by judicial notifications, not by Lisa.
The first instance ruling stood; Lisa’s lawsuit remained active.
Reproductores filed an amparo, claiming violation of due process when caducidad was denied.
The Amparo Chamber denied the amparo as inadmissible, holding that inactivity was attributable to the court, not Lisa. A fine of Q.1,000 was imposed on Reproductores’ attorney.
The appellate ruling remained firm; Lisa’s lawsuit continued.
Reproductores appealed the denial of amparo, again insisting on caducidad.
The Constitutional Court dismissed the appeal and confirmed the denial of amparo, reiterating that the inactivity was caused by judicial officers. Another fine was imposed on Reproductores’ counsel.
Constitutional review was closed; Lisa’s opposition lawsuit remains protected from termination by caducidad.
Conclusion
Up to now, the Guatemalan courts have only resolved procedural challenges concerning caducidad, all of which were decided in Lisa’s favor. These rulings confirmed that Lisa cannot lose its case due to delays attributable to the court. Importantly, the opposition lawsuit itself — challenging Lisa’s exclusion as shareholder of Reproductores Avícolas — is still pending and has not yet been resolved on the merits.