Admits BDT as third-party co-litigant supporting Lisa in ordinary proceeding
Mar 20 2024
11th Civil Court
The Eleventh Civil Court of First Instance of Guatemala admitted BDT Investments Inc. as a third-party co-litigant (tercero coadyuvante) in support of Lisa, S.A. in the ordinary proceeding Case No. 01161-2018-00312, brought by Administradora de Restaurantes, S.A. The order recognizes that BDT demonstrated its own and certain interest derived from clause three of a transaction agreement executed between the parties, entitling it to intervene in support of Lisa's defense.
Administradora de Restaurantes, S.A., an Avícola Villalobos Group entity, filed an ordinary civil action against Lisa, S.A. before the Eleventh Civil Court. BDT Investments Inc. filed a petition requesting admission as a third-party co-litigant on the defendant's side, submitting a transaction agreement as evidence of its interest in the proceeding.
The court examined the transaction agreement submitted by BDT Investments Inc. and determined that clause three of the instrument establishes BDT's own and certain interest in the outcome of the proceeding. Applying Articles 56 and related provisions of the Code of Civil and Commercial Procedure governing third-party intervention, the court found the requirements for admission as tercero coadyuvante satisfied. The court also recognized the representative's legal capacity, noted the professional assistance retained, and recorded the electronic mailbox designated for receiving notifications.