Marshall v. Curl, 2012 NLCA 1

Date: 20120109 Docket: 11/49 Citation: Marshall v. Curl , 2012 NLCA 1 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : RALPH MARSHALL, Jr. APPELLANT AND : PLEZ WESLEY CURL RESPONDENT Coram: Rowe, Mercer and White, JJ.A.

Court Appealed From: Supreme Court of Newfoundland and Labrador Trial Division, (General Division) 201101G0273 Appeal Heard: January 9, 2012 Judgment Rendered: January 9, 2012 (Orally) Memorandum of Disposition Filed: January 10, 2012 Counsel for the Appellant: Self Represented Counsel for the Respondent: No Appearance MEMORANDUM OF DISPOSITION Rowe, J.A.: [ 1 ] In November 2010, Plez Wesley Curl initiated proceedings against Ralph Marshall to obtain a peace bond under

section 810 of the Criminal Code . The matter was heard in January, 2011 by a Provincial Court judge, who ordered that the peace bond be put in place. [ 2 ] Mr. Marshall appealed that decision to a judge of the Supreme Court Trial Division, sitting as a

Summary Conviction Appeal Court. In May 2011, a Trial Division judge vacated the peace bond on an evidentiary issue and ordered a new hearing of the matter. Mr. Marshall appealed to this Court seeking an order that no new hearing take place. [ 3 ] A few days prior to the hearing date before this Court, the matter was called in Provincial Court. No evidence was led. Accordingly, the matter was dismissed. Thus, the appeal by Mr. Marshall became moot. On that basis, his appeal to this Court was dismissed.

______________________________ M. H. Rowe, J.A.