The Fifth Court of Appeals acknowledged the Supreme Court's dismissal of the cassation appeal, definitively closing the summary abuse-of-right proceeding filed by Alimentos para Animales against Lisa, S.A.

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 Appeal Ruling of June 22, 2023, denying the appeal.

Alimentos para Animales filed a cassation appeal against the appellate judgment, identified as Case 01002-2023-00841. The Civil Chamber of the Supreme Court dismissed it by ruling of June 14, 2024, and transmitted the certified copy of that decision to the Court by communication of February 21, 2025, together with the appeal file and its antecedent record.

Ruling

• The Court acknowledged receipt of the February 21, 2025 communication from the Civil Chamber of the Supreme Court, enclosing the certified copy of the June 14, 2024 ruling dismissing the cassation appeal.
• The Court took note that the Civil Chamber 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