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Carco Motor Sales, Inc. vs. Court of Appeals, et al

CARCO MOTOR SALES, INC., petitioner, vs. HON. COURT OF APPEALS * and COMMERCIAL CREDIT CORPORATION, respondents.

G.R. No. L-44609 | 1977-08-31

D E C I S I O N

TEEHANKEE, J:

The Court sets aside respondent appellate court's dismissal of petitioner's appeal for failure to file appellant's brief within the original reglementary period, notwithstanding that such failure had been due to the fault and negligence of petitioner's counsel office secretary and petitioner had thereafter promptly filed its appellant's brief within the inextendible ninety-day period uniformly granted as a matter of course by respondent court to all parties.

Respondent court in its resolution of June 9, 1976 motu proprio dismissed petitioner's pending appeal before it as defendant-appellant for failure to...