Can an appeal be dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained?

In Bryfogle v. Smit, the respondent sought to have the appeal dismissed as abandoned on the grounds that the order appealed from was interlocutory and leave to appeal had not been obtained and that the appellant had not served the notice of appeal within the time allowed by the Act. The appellant applied concurrently for an extension of time to serve the notice of appeal and to file the appeal record and transcripts. The chambers judge, Levine J.A., noted the respondent’s submission that the appeal should be dismissed for lack of merit but she declined to decide the application on that basis. She said,