Beruflich Dokumente
Kultur Dokumente
COURT OF APPEALS
SPECIAL ELEVENTH (11TH) DIVISION
MANILA
LUDIVINA V. CONCEPCION,
Plaintiff-Appellees,
-versus-
ELVIN V. CONCEPCION,
Defendant-Appellant.
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MOTION TO DISMISS
Appellee thru counsel and unto this Honorable Court of
Appeals most respectfully submit this Motion to Dismiss and
alleges:
1. That the appellee received the notice to file appellants
brief last May 5, 2015;
2. That it has been more than five (5) months since the
notice to file appellants brief was received by the
appellee;
3. That until now, the appellee had not received the
appellants brief or any pleading from the appellant;
4. That Paragraph (e), Section 1, Rule 50 of the Rules of
Court provides one of the grounds for dismissal of
appeal, to wit:
(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;"
5. That the right to appeal is not a natural right and is not
part of due process. It is merely a statutory privilege,
and may be exercised only in accordance with the law.
The party who seeks to avail of the same must comply