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

Thirteenth Civil Court of First Instance
November 4th, 2014
Issues

Whether Lisa’s exclusion as shareholder of Distribuidora Avícola del Norte was valid.

Ruling

The court ruled in favor of Lisa, annulling the exclusion resolution adopted by the shareholders’ meeting.

Effect

Lisa’s shareholder status was provisionally restored pending appeals.

Civil and Commercial Court of Appeals
August 4th, 2017
Issues

Review of the trial judgment annulling Lisa’s exclusion.

Ruling

The Court of Appeals vacated the trial judgment on a depurative ground (lack of standing), without ruling on the merits.

Effect

The merits remained unresolved; the case could continue once representation/standing is cured.

Supreme Court
November 22nd, 2018
Issues

Cassation appeal against the appellate ruling.

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.

Effect

The procedural appellate ruling stood; no merits decision was issued.

Constitutional Court
December 5th, 2019
Issues

Whether the refusal to admit Lisa’s cassation appeal violated constitutional rights.

Ruling

The Constitutional Court denied Lisa’s amparo, confirming that cassation does not apply to depurative rulings. Lisa’s counsel was fined Q.1,000.

Effect

No merits decision was issued; the proper course is to cure representation and resume the ordinary proceedings.

Amparo Ruling |Supreme CourtDecember 5th, 2019

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.