Key legal question
Whether the appeal was filed within the 30-day time limit under the BGG
Extracted holding
No. The lower-court decision was deemed served on 2010-05-14, so the appeal period started on 2010-05-15 and expired on 2010-06-14; the filing on 2010-06-16 was late.
Extracted reasoning
The Court relied on the postal confirmation showing delivery on Friday, 14 May 2010, not on Monday, 17 May 2010 as alleged by the appellant. Applying Arts. 100(1), 44(1), 45(1), and 48(1) BGG, the appeal was out of time.