Vingiano v. Vitolo

We first consider a motion made to this court to set aside the judgment on the grounds that the plaintiffs have failed to file their briefs within the time provided for by our rules. Practice Book § 1015. The motion was heard and decision reserved, and the parties were permitted to argue the merits of the appeal. In support of their motion, the defendants cite § 696 of the Practice Book, which section has been incorporated by reference as a rule of this court. Practice Book § 1023. Since the case, however, has been heard upon its merits and the plaintiffs’ brief was then a part of the record,…