Cassation Ruling

The Fifth Civil and Commercial Court of Appeals, in an order dated March 18, 2025, acknowledged receipt of the February 21, 2025 communication from the Civil Chamber of the Supreme Court, which transmitted a certified copy of the June 14, 2024 ruling dismissing the cassation appeal identified as Case 01002-2023-00841. The Court took note of the Supreme Court's decision and ordered notification to the parties.

Case Background

Alimentos para Animales, S.A. filed a summary proceeding for abuse of right and damages against Lisa, S.A., alleging that Lisa's criminal complaint of February 2, 2018 constituted an abusive exercise of the right of action. The Fifteenth Multi-Judge First Instance Civil Court of the Department of Guatemala ruled on April 5, 2023, sustaining Lisa's peremptory defenses and dismissing the claim, with costs awarded against Alimentos para Animales. The Fifth Civil and Commercial Court of Appeals affirmed that judgment in full through its ruling of June 22, 2023, denying the appeal.

Ruling

• The Court took note that the Civil Chamber of the Supreme Court dismissed the cassation appeal filed against the appellate judgment.
• Notification to the parties was ordered.

Legal Basis

• Articles 25, 28, 29, 31, 66, 67, 69, 70, 71, 72, 75, 79, 606, and 610 of the Code of Civil and Commercial Procedure — provisions governing appeals and notification of judicial orders.
• Articles 141, 142, and 143 of the Judiciary Act — requirements for the form and content of judicial resolutions.
• Articles 1 and 2 of Supreme Court Agreement 56-2012 — regulations governing the return of case files.

Signatories

• Walter Josué de León Medina, Clerk of Court