Spouses Lewis vs Court of Appeals

Spouses Lewis vs Court of Appeals
 G.R. No. L-47770. August 10, 1978.


Facts:
The Court of Appeals sustained the writ of execution issued by respondent judge for petitioners' failure to file a supersedeas bond. During the pendency of the petition for review on certiorari before the Supreme Court, the Court of First Instance decided on the merits of the appeal in the original case of detainer by dismissing petitioners' appeal and sustaining in toto the decision of the city court.

Issue: 
Whether or not the decision of the city court should be sustained.

Held:
Yes. Finding in the light of the pleadings and record that no substantial grounds exist for attributing "grave and reversible errors of law" to respondent Court of Appeals in sustaining the writ of execution for petitioners' failure to file a supersedeas bond, and the judgment below having become final and executory rendering moot the issue at bar, the Supreme Court resolved to dismiss the petition.

Where the pleadings and record show that no substantial grounds exist for attributing "grave and reversible errors of law" to respondent Court of Appeals in sustaining the writ of execution for petitioners' failure to file a supersedeas bond, and where the judgment below has become final and executory the Court of First Instance having decided on the merits of the appeal in the original case of detainer by dismissing petitioners' appeal and sustaining in toto the decision of the city court, the petition for review on certiorari will be dismissed.