Claims Over Dividend Prescription by Villamorey
Villamorey, S.A.
C. 01044-2017-00523
Summary
This is an ordinary civil lawsuit for extinctive prescription filed by Villamorey, S.A. against Lisa, S.A., seeking a declaration that the obligation to pay dividends decreed on April 27, 2010 and July 5, 2011 is time-barred. A related constitutional amparo was later brought by Villamorey challenging a September 3, 2024 order that denied its revocatoria regarding Lisa’s legal representation in the ordinary case.
Decisions
Amparo against the September 3, 2024 order rejecting Villamorey’s revocatoria challenging Lisa’s representation in the ordinary case.
The Court denied the constitutional amparo, explaining that amparo is not a revisory instance over ordinary judicial decisions; costs and a Q1,000 fine were imposed on Villamorey’s attorney.
Amparo relief was denied; Villamorey was ordered to pay costs, and its attorney was fined Q1,000.
Whether the obligation to pay dividends to Lisa from meetings of April 27, 2010 and July 5, 2011 had prescribed; consideration of Lisa’s negative answer and peremptory defenses.
The Court declared the prescription claim “without merit” (sin lugar) and also denied Lisa’s peremptory defenses; no costs were imposed.
Villamorey’s prescription action was dismissed; no costs awarded.
Conclusion
Lisa, S.A. prevailed. The First Instance Court dismissed Villamorey’s prescription claim, and the Amparo Court denied Villamorey’s constitutional challenge (with costs and a Q1,000 fine to its attorney). Lisa’s shareholder dividend rights remain intact and the ordinary case continues without amparo relief.