Order

By order of March 21, 2024, the Eleventh Multi-Judge Civil Court of First Instance of Guatemala admitted BDT Investments Inc. as a third-party intervener supporting the defendant in the commercial summary damages lawsuit filed by Inversiones Torre Nova, S.A. and Sistemas y Equipos, S.A. against Lisa, S.A. The court based its admission on clause three of the settlement agreement between BDT and Lisa, from which it identified BDT's own and certain interest in the outcome of the proceeding.

Case Background

Inversiones Torre Nova, S.A. and Sistemas y Equipos, S.A., both entities within the Avícola Villalobos Group, sued Lisa, S.A. for damages in commercial summary proceedings. By order of May 10, 2022, the court sustained Lisa's preliminary exception for non-fulfillment of a condition, ruling that the damages claim could not proceed until Lisa's exclusion as a shareholder became final. That order suspended the proceeding. Nearly two years later, BDT Investments Inc. appeared in the case invoking its interest derived from the settlement agreement with Lisa.

Court's Analysis

The court examined the document submitted by BDT, specifically clause three of the settlement agreement. Based on that clause, the court determined that BDT holds an own and certain interest in the outcome of the proceeding, satisfying the requirements for third-party intervention under the Code of Civil and Commercial Procedure. Accordingly, it admitted BDT as a third-party intervener supporting the defendant, Lisa, S.A.

BDT's intervention strengthens Lisa's defensive position in a proceeding where Avícola Villalobos Group entities seek a damages award based on alleged conduct by Lisa. The admission ensures that both entities with an interest in the settlement agreement can actively participate in the defense.

Ruling

• Received the memorial and attached documents filed by BDT Investments Inc.
• Recognized the capacity in which BDT appears
• Noted professional assistance and the electronic mailbox designated for notifications
• Admitted BDT Investments Inc. as a third-party intervener supporting the defendant

Legal Basis

• Articles 12, 28, 29, 203, 204 of the Constitution of the Republic of Guatemala -- due process guarantees and access to justice
• Articles 25, 28, 31, 32, 44, 45, 50, 51, 56, 61, 63, 66-79, 229, 549 of the Code of Civil and Commercial Procedure -- provisions on third-party intervention and summary proceedings
• Article 1039 of the Commercial Code of Guatemala -- applicable commercial procedure rules
• Articles 1 and 2 of the Law Regulating Electronic Notifications in the Judiciary -- electronic notification
• Articles 16, 141-143 of the Judiciary Act -- judicial organization and jurisdiction rules

Signatories

• Griselda Magaly Figueroa Sales, Clerk IV
• Daniel Josué Pérez Cortez, Process Server IV

Subsequent Proceedings

Subsequently, Inversiones Torre Nova, S.A. filed preliminary exceptions against Lisa, S.A.'s counterclaim. The court rejected those exceptions by order of March 5, 2025. Torre Nova appealed that ruling, and by brief of October 29, 2025, Lisa requested confirmation of the appealed order before the First Civil and Commercial Chamber of the Court of Appeals.