Rule 50

Question 1

What are the grounds for dismissal of an appeal by the CA?

Answer 1

1. failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these rules
2. failure to file the notice of appeal or the record on appeal within the period prescribed by these rules
3. failure of teh appellant to pay the docket fee and other lawful fees as provided in Section 4 of Rule 41.
4. unauthorized alterations, omission or additions in the approved record on appeal
5. failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these rules
6. absence of specific assignment of errors in the appellant’s brief, or of page references to the record as required in Section 13
7. failure of the appellant to take the necessary steps for the correction or completion of record on appeal within the time limited by the court in its order
8. failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars or directives of the court without justifiable cause; and
9. the fact that the order or judgment appealed from is not appealable

Question 2

What happens to appeals improperly filed at the CA?

Answer 2

It shall not be transferred to the appropriate court but shall be dismissed outright

Question 3

What is the rule on withdrawal of appeals?

Answer 3

An appeal may be withdrawn as a matter of right at anytime before the filing of an appellee’s brief. Thereafter, the withdrawal may be allowed in the discretion of the court.

Question 4

What are the three alternatives that the CA may take to aid it in resolving appealed cases?

Answer 4

1. rely on available records alone
2. require the submission of memoranda
3. set the case for oral argument