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B. R. Sebastian Enterprises, Inc. Vs. Court Of Appeals, Et Al.

B. R. SEBASTIAN ENTERPRISES, INC., petitioner, vs. HON. COURT OF APPEALS, EULOGIO B. REYES, NICANOR G. SALAYSAY, in his capacity as Provincial Sheriff of Rizal; and ANTONIO MARINAS, in his capacity as Deputy Sheriff, respondents.

G.R. No. L-41862 | 1992-02-07

D E C I S I O N


DAVIDE, JR., J.:

This is a petition for prohibition and mandamus, with prayer for preliminary injunction, to review the Resolution dated 10 November 1975 of respondent Court of Appeals in C.A.-G.R. No. 53546-R denying petitioner's motion to reinstate its appeal, earlier dismissed for failure to file the Appellant's Brief.

The material operative facts of this case, as gathered from the pleadings of the parties, are not disputed.

Eulogio B. Reyes, now deceased, filed an action for damages with the then Court of First Instance (now regional Trial Court) of Rizal, Pasay City Branch, against the Director of Public Works,...