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Nely T. Raspado vs. CA, et al.

NELY T. RASPADO, petitioner, vs. COURT OF APPEALS, Third Division, VICENTE ONG, PEDRITO JACOB, JR., JOSEFINA TABONES, ALFREDO VILLERO, MANUEL JAPSON, BALTAZAR RIZO and NICOLAS CASUL, respondents.

G.R. No. 104782 | 1993-03-30

D E C I S I O N

NOCON, J p:

Petitioner, Nely T. Raspado, claims that the Court of Appeals committed grave abuse of discretion when it rendered its January 23, 1992 decision 1 setting aside the order of the trial court granting petitioner a writ of preliminary mandatory injunction. The appellate court ruled that petitioner's motion for reconsideration was deemed abandoned when it found that petitioner had filed the instant petition without waiting for said court to resolve petitioner's motion for reconsideration filed therein.

The antecedents of this case as found by the appellate court are as follows:

"On September 24, 1991, private...