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Fereira, Edward L. vs. Intermediate Appellate Court, et al.

EDWARD L. FEREIRA, petitioner, vs. THE HONORABLE INTERMEDIATE APPELLATE COURT, AMADO T. GURANGO and ESTHER L. GURANGO, respondents.

G.R. No. L-65747 | 1984-02-20

D E C I S I O N


ESCOLIN, J.:

We set aside the resolution of the Intermediate Appellate Court, dated November 16, 1983, dismissing petitioner's appeal in AC-G.R. CV 00491, entitled "Fereira vs. Gurango, et al.", for failure of petitioner, plaintiff-appellant therein, to file his brief within the period fixed by said court.

On June 13, 1983, petitioner received notice requiring him to file appellant's brief within 45 days from notice.

On July 26, petitioner's counsel filed a motion for 90 days extension of time within which to file appellant's brief. Respondent court however granted only a 45 day extension, instead of the 90 days prayed...