Opposition to Exclusion by Distribuidora Avícola del Norte
Distribuidora Avícola del Norte, S.A.
C. 01163-2011-01084
Summary
Lisa, S.A. filed a summary opposition lawsuit against its exclusion as shareholder of Distribuidora Avícola del Norte, S.A. The First Instance Court annulled the exclusion, but the Court of Appeals overturned the ruling on a procedural ground (lack of standing). The Supreme Court found cassation inadmissible because the appellate ruling was depurative and not a merits decision. The Constitutional Court denied amparo. No court has decided the lawfulness of Lisa’s exclusion on the merits.
Decisions
Whether Lisa’s exclusion as shareholder of Distribuidora Avícola del Norte was valid.
The court ruled in favor of Lisa, annulling the exclusion resolution adopted by the shareholders’ meeting.
Lisa’s shareholder status was provisionally restored pending appeals.
Review of the trial judgment annulling Lisa’s exclusion.
The Court of Appeals vacated the trial judgment on a depurative ground (lack of standing), without ruling on the merits.
The merits remained unresolved; the case could continue once representation/standing is cured.
Cassation appeal against the appellate ruling.
The Supreme Court declared the cassation inadmissible, reasoning that the appellate ruling was not a definitive judgment on the merits but only on standing.
The procedural appellate ruling stood; no merits decision was issued.
Whether the refusal to admit Lisa’s cassation appeal violated constitutional rights.
The Constitutional Court denied Lisa’s amparo, confirming that cassation does not apply to depurative rulings. Lisa’s counsel was fined Q.1,000.
No merits decision was issued; the proper course is to cure representation and resume the ordinary proceedings.
Conclusion
There is no merits judgment on Lisa’s exclusion. Higher courts only decided procedural questions (standing and cassation admissibility). The path forward is to cure representation/standing and resume the ordinary route to obtain a substantive decision on whether Lisa’s exclusion was lawful.