Motion

Through this filing, Lisa, S.A. formally announced a cassation appeal on the merits against the July 9, 2025 ruling issued by the First Superior Tribunal of the First Judicial District, which upheld the dismissal of the summary accounting proceeding brought against Juan Luis Bosch Gutiérrez in Case File No. 83573-21. The announcement is the procedural prerequisite for accessing the Supreme Court of Justice's jurisdiction and submitting the appellate determinations for review.

Procedural Context

The challenged ruling, contained in the appellate decision of July 9, 2025, modified Judgment No. 71 of January 31, 2025 from the Sixteenth Circuit Civil Court solely to exempt Lisa, S.A. from paying $40,000.00 in costs, but otherwise affirmed the trial court's determinations in full: the declaration of Lisa, S.A.'s lack of active standing, Bosch Gutiérrez's lack of passive standing, and the denial of BDT Investments Inc.'s request for intervention as litisconsorte. Following the announcement, the defendant unsuccessfully sought reimposition of costs, a request the Tribunal denied on August 21, 2025, reaffirming Lisa's good-faith conduct throughout the proceedings.

Grounds for Appeal

Although the cassation announcement is by nature a brief filing that does not develop the grounds for appeal, the formal cassation brief filed on October 20, 2025 revealed the two axes of Lisa's challenge:

• Error of law in the assessment of evidence. Lisa argues the Tribunal incorrectly evaluated Order No. 898 Case File 31638-12 of April 12, 2022, which judicially approved the assignment of rights to BDT Investments Inc. Because the accounting demand was filed on August 26, 2021, before the judicial approval of the assignment, Lisa held full active standing at the time the action was commenced.

• Direct violation by omission. The Superior Tribunal failed to rule on BDT Investments Inc.'s request for intervention as litisconsorte, in contravention of Articles 612 and 835 of the Judicial Code and Article 32 of the Constitution, violating due process and the right to effective judicial protection.

Legal Basis

• Article 1163 of the Judicial Code — Establishes the availability of cassation appeals against rulings that extinguish or preclude the continuation of a claim.
• Article 1164 of the Judicial Code — Governs the formal requirements for admission of a cassation appeal.
• Article 1169 of the Judicial Code — Defines the grounds for cassation on the merits, including infringement of substantive rules through error of law in evidence assessment and direct violation by omission.

Signatories

• Lcda. María Luisa Villarreal Palacios, Special Counsel for Lisa, S.A.