Motion To Withdraw Appeal.docx

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS- MINDANAO STATION CAGAYAN DE ORO CITY

Xxx,

CA-G.R. CV-No. 123 Plaintiff-Appellee, RTC BRANCH 1- T______ CITY RTC CASE NO. 456

-versus-

ZZZ, Defendants-Appellants.

RE: DECLARATION OF NULLITY SALE, DAMAGES, ATTY’S FEES

MOTION TO WITHDRAW APPEAL DEFENDANT-APPELLANT ZZZ, by counsel and unto this Honorable Court of Appeals, most respectfully avers that: 1. Said defendant-appellant moves to withdraw its appeal on the following grounds: (a) that it is no longer interested to pursue its appeal and (b) that no appellee’s brief has yet been filed. 2. Under Rule 51 of the Rules of Court, an appeal may be withdrawn as of right at any time before the filing of the appellee’s brief.

PRAYER WHEREFORE, premises considered, and there being no appellee’s brief filed by plaintiff-appellee, it is respectfully moved and prayed of this Honorable Court of Appeals that the instant appeal be ordered withdrawn and that the complete records of the case be returned to the court of origin. Other just and equitable reliefs are also prayed for. __________ City (for Cagayan de Oro City), April 1, 2019.

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NOTICE OF HEARING/SUBMISSION ATTY. ___________________ Clerk of Court Court of Appeals- Mindanao Station Cagayan de Oro City ATTY. ___________________ Counsel for Plaintiff-Appellee ___________ City GREETINGS: Please take notice that the undersigned counsel will submit the foregoing s motion for the kind consideration and approval of the Honorable Court immediately upon receipt hereof without further arguments and appearance of counsel. Thank you. ____________________

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