The moving party sought an extension of time to appeal an order dismissing his civil action under r. 2.1.01 of the Rules of Civil Procedure.
The motion judge applied the justice of the case framework and held that, although the merits inquiry was the most important factor, the proposed appeal was not clearly devoid of merit.
The court found it arguable that the action sought civil remedies outside the regulator’s jurisdiction and that any prematurity issue might justify a stay rather than dismissal.
The extension of time was granted and the moving party was given until April 9, 2026 to file the notice of appeal.
