NELL MART, INC., PLAINTIFF-APPELLEE, VS. ALLIANCE MARKETING CORP., ET. AL., DEFENDANTS, ALLIANCE MARKETING CORPORATION AND RUBY STAR FOOD HAUS, REPRESENTED BY ROBERT GO, DEFENDA…
BUESER, J.:
Subsequently, the aforementioned resolution was received by the counsels for appellants Ruby Star and Alliance Marketing on 13 March 2014 and 14 March 2014 respectively[2].
An astute perusal of the Judicial Records Division Report dated 19 May 2014 reveals that NO Appellants’ Brief has been filed by the counsels for herein appellants[3].
Section 1(e), Rule 50 of the Revised Rules of Civil Procedure provides:
“SECTION 1. GROUNDS FOR DISMISSAL OF APPEAL. — AN APPEAL MAY BE DISMISSED BY THE COURT OF APPEALS, ON ITS OWN MOTION OR ON THAT OF THE APPELLEE, ON THE FOLLOWING GROUNDS:
(a) xxx;
(b) xxx;
(c) xxx;
(d) xxx;
(e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules;
(f) xxx;
(g) xxx;
(h) xxx; and
(i) xxx. “
WHEREFORE, in view of the foregoing, this Court have no recourse but declare the instant appeal as deemed ABANDONED and perforce DISMISSED, for appellants’ failure to file the required appellants’ Brief pursuant to Section 1 (e), Rule 50 of the 1997 Rules of Civil Procedure.
SO ORDERED.
De Guia-Salvador and Garcia, JJ., concur.
[1] Rollo, p. 37
[2] Id. back portion
[3] Id.- back