The moving parties sought to review an order of a single judge dismissing their motion to extend the time to perfect their appeal.
The motion judge had dismissed the extension request on the basis that the appeal lacked merit.
The Court of Appeal held that because no formal judgment had been taken out from the underlying application, it was not possible to properly assess the merits of the putative appeal.
The court set aside the single judge's order without prejudice to the moving parties' right to renew their motion for an extension of time once the formal judgment is filed.
