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Berkenkotter vs. Court of Appeals, et al.

B. E. BERKENKOTTER, petitioner, vs. COURT OF APPEALS and ISIDRO CLIMACO, respondents.

G.R. No. L-36629 | 1973-09-28

D E C I S I O N

ESGUERRA, J:
Petition to review the resolution of the Court of Appeals in its CA-G.R. No. 51763, dated February 28, 1973, which dismissed petitioner's appeal from the judgment of the Court of First Instance of Negros Occidental, Branch VI, dismissing plaintiff's complaint in its Civil Case No. 212-7377 entitled "B.E. Berkenkotter, Plaintiff, vs. Angustia Siokon, Pedro Rodriguez and Isidro Climaco, Defendants". On June 11, 1969, judgment therein was originally rendered in favor of the plaintiff and against the defendants by Judge Carlos Abierra, the dispositive portion of which reads as follows:
"The preponderance of...