Station WNEL Corp. v. National Bellas Hess Stores, Inc.
Station WNEL Corp. v. National Bellas Hess Stores, Inc.
Opinion of the Court
delivered the opinion of the Court.
Appellee, Station WNEL Corporation, filed a complaint in the former District Court of Puerto Rico, San Juan Section, against the appellant National Bellas Hess Stores, Inc., alleging, among other things, that it is the lessee of the second story of the building described in the complaint and that appellant is- the lessee of the first story of said building; that the latter has installed in it an electrical sign which due to its vertical position invades the property occupied by the appellee, that is, the exterior wall of the second story, depriving appellee from the free enjoyment and use of said property. The appellee prayed for a permanent injunction ordering the removal of the sign and restraining appellant from “installing it in such a way as to invade the appellee’s property” and from interfering ■“with the normal operation” of its business. The appellant answered, and a trial was held. On November 28, 1951 the lower court issued a decree- granting the relief prayed for.
The trial court ordered the preparation of the transcript of the evidence, which was filed by the stenographer on June 26, 1953 and approved, by a certificate issued to that effect, on July 24, of said year. Notice of said certificate was served on the parties, and filed on record on August 1, 1952. On December 3, 1952, approximately four months after the transcript had been approved but without appellant having filed in this Court the record on appeal and without having requested an extension of time to do so, the appellee moved for the dismissal of the appeal for the reason that it had not been timely perfected.
The judgment roll did not have to be prepared by a specific stenographer. If the one to whom this work was entrusted was not able to finish it on time, it could have been entrusted to somebody else.
Considering that no reasons whatsoever have been given to account for the delay in perfecting the appeal, the mere fact that the record of appeal was filed a few days after the petition to dismiss, should not exonerate appellant
The alleged stenographer’s delay in getting ready the transcript of evidence is not related in any manner whatsoever to, nor could it have been the cause of, the delay in the filing of the record of appeal. The transcript, as we have stated, was filed in the court a quo on June 26, 1952 and approved by said court on July 24 of said year. After that the only thing left to prepare was the judgment roll which consists of only fifty-nine pages.
Appellant contends that we should not dismiss the appeal because it raises important issues. It further states
Appellee’s motion is granted and consequently the appeal is dismissed.
This case was decided when Rule 58 of the then Rules of this Court was in force, which rule provided in part as follows: • “If the transcript of the record or the brief made by appellants be not filed within the time prescribed, the appeal may be dismissed, on motion, after notice given. If the transcript, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion.” In said case we dismissed the appeal, stating among other, things that:
“The strong desire of this Court has always been to decide the appeals on their merits, but the expediency of proceedings must be secured, and a party should not be allowed to voluntarily delay the prosecution of an appeal, to the prejudice of the other party. That is the reason for the rules.”
The provision to which we refer was eliminated from our Rule years ago.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.