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PINEDA v. ARCALAS

This case has been cited 1 times or more.

2008-07-23
NACHURA, J.
This Court in Pineda v. Arcalas,[28] citing Enriquez v. Court of Appeals,[29] provided the rationale for requiring an appellant's brief:[T]he appellant's brief is mandatory for the assignment of errors is vital to the decision of the appeal on the merits. This is because on appeal only errors specifically assigned and properly argued in the brief or memorandum will be considered, except those affecting jurisdiction over the subject matter as well as plain and clerical errors. Otherwise stated, an appellate court has no power to resolve an unassigned error, which does not affect the court's jurisdiction over the subject matter, save for a plain or clerical error.