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my father-in-law is the defendant, the decision in mtc is against us, we applied for the appeal at rtc, then an order came dismissing the appeal because the plaintiff-appelant did not forward a memorandum after 15 days of issuance of rtc's notice. stating that "she" the plaintiff did not submit any memorandum.(true, the plaintiff is a lady). We the defendant should be the appellant, why is it that the plaintiff turned out to be the apellant? as for rule 40 of the 1997 rules of civil procedures. what should we do? we're confused.
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