PARAMINA EARTH TECH., INC., PLAINTIFF-APPELLEE, VS. CMA GEOSERVICES CONSTRUCTION CORPORATION, DEFENDANT-APPELLANT.
GALAPATE-LAGUILLES, J:
On September 3, 2014, this Court received from defendant-appellant’s counsel her Compliance stating among others that she is no longer in personal contact with the stockholders of CMA Geoservices Construction including one of its incorporators, Christopher Avila, and that she was unable to complete the appellant’s brief sans verification and a copy of the corporation’s Secretary Certificate.
In the meantime, the Judicial Record Division (JRD) states in its October 17, 2004 report that no appellant’s brief was filed as of said dates despite the grant of the extensions sought for.[3]
We must note that Rule 50, Section 1(e) of the 1997 Rules of Civil Procedure, as amended, instructs that:
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 ground:
(a) xxxx
(b) xxxx
(c) xxxx
(d) xxxx
(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; (emphasis Ours)
WHEREFORE, foregoing considered, the instant appeal is hereby DISMISSED.
SO ORDERED.
Punzalan Castillo, M.P., Chairperson and Lazaro-Javier, A. C., JJ., concur.
[1] See Rollo, p. 18 and 25
[2] See Rollo, p. 23 and 28
[3] Rollo, dorsal of p. 28