The moving party sought to quash a Notice of Appeal filed by the appellant regarding a trial judgment for damages arising from an unprovoked assault and a subsequent costs award.
The appellant argued the time to appeal ran from the formal entry of the judgment, not the date of the decisions.
The court held that time runs from the date of pronouncement, rendering the appeal out of time.
The court quashed the Notice of Appeal and declined to extend the time to appeal the merits decision due to lengthy delay and weak grounds.
However, the court granted an extension of time to seek leave to appeal the costs decision, finding the delay brief and the proportionality of the costs arguable.
