DATE: 20050505

DOCKET: C42750

COURT OF APPEAL FOR ONTARIO

RE:

DOLLY CATENA (Plaintiff/Respondent) – and – ROCCO SCAVETTA (Defendant/Appellant)

BEFORE:

BORINS, BLAIR and LAFORME JJ.A.

COUNSEL:

Michael Czuma

for the appellant

Michael E. Caruso, Q.C.

for the respondent

HEARD & ENDORSED:

May 4, 2005

On appeal from the order of Justice John E. Sheppard of the Superior Court of Justice dated November 16, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The appeal is dismissed as abandoned. In any event, as the order appealed from is interlocutory, the appeal lies to the Divisional Court with leave. Had the appeal not been abandoned, it would have been quashed. The respondent shall have her costs on a partial indemnity basis in the amount of $5,000, inclusive of costs and GST.