Claims Over Dividend Prescription by Villamorey
C. 01044-2017-00523 • Eight Civil Court • Guatemala
Claims Over Dividend Prescription by Villamorey
This litigation concerns Villamorey, S.A.’s attempt to extinguish Lisa, S.A.’s shareholder dividend rights through an ordinary civil action for extinctive prescription (Case No. 01044-2017-00523). Villamorey sought to declare time-barred the dividends decreed in 2010 and 2011. During the process, Villamorey also filed a constitutional amparo challenging the court’s recognition of Lisa’s legal representation, but that amparo was rejected with costs and a Q1,000 fine against Villamorey’s attorney.
Decisions
Amparo against the September 3, 2024 order refusing to revoke the court’s recognition of Lisa’s legal representation in the prescription case.
The Court held that amparo cannot be used as a revisory instance for ordinary judicial decisions. It found no constitutional violation in the lower court’s decision to accept Lisa’s representation and therefore denied the amparo with costs and a Q1,000 fine.
Amparo relief was denied, costs were imposed, and Villamorey’s attorney was fined Q1,000.
Rejected challenge to Lisa’s representation – Villamorey
Whether the dividends decreed on April 27, 2010 and July 5, 2011 in favor of Lisa, S.A. had prescribed.
The Court declared Villamorey’s claim without merit and found no basis to extinguish Lisa’s dividend rights. The Court also denied Lisa’s peremptory defenses, but ultimately dismissed the entire prescription claim. No costs were awarded.
Villamorey’s ordinary prescription action was dismissed.
Rejects Villamorey’s attempt to extinguish dividend debt
Villamorey’s appeal claiming that Lisa’s dividend rights from 2010 and 2011 were extinguished by prescription.
The Court held that Villamorey failed to demonstrate that Lisa lacked creditor status or that the dividends had become legally time-barred. The appeal was denied, the July 11, 2025 judgment was confirmed, and costs were imposed on Villamorey.
The dismissal of Villamorey’s prescription action was fully confirmed.
Confirms denial of Villamorey’s dividend-prescription claim
Conclusion
Lisa, S.A. prevailed in full. The First Instance Court dismissed Villamorey’s prescription action, the Court of Appeals confirmed that dismissal, and the amparo filed by Villamorey was denied with costs and sanctions. As a result, Lisa’s shareholder dividend rights remain intact, and Villamorey’s attempts to defeat those rights through prescription and constitutional challenges failed entirely.